What did the Tribunal hold?

The Tribunal dismissed the revenue's appeal. This was based on a CBDT circular prescribing a new monetary limit of Rs. 10 lakhs for appeals to the Tribunal, which had retrospective effect.

The revenue filed an appeal against the CIT(A)'s order which granted relief to the assessee. The disputed amount was Rs. 20,00,000/- with a tax effect less than Rs. 10 lakhs.

What were the issues?

Whether the revenue's appeal is maintainable before the Tribunal given the tax effect and the applicability of the CBDT circular on monetary limits for appeals.

ACIT vs Pravin A Kothari | ITAT Mumbai 2016

Income Tax Appellate Tribunal, “ C ” BENCH, MUMBAI

Before: HON’BLE S/SHRI SANJAY GARG, JM & SHRI RAJESH KUMAR, AM

For Appellant: Shri S Pandian

Hearing: 10.3.2016Pronounced: 10.3.2016

PER RAJESH KUMAR, AM : This is an appeal filed by the revenue against the order dated 2.8.2011 passed by the ld.CIT(A)-34, Mumbai and it relates to the assessment year 2007-08. 2. We heard the parties and perused the record. The assessee filed his return of income on 29.10.2007 declaring a total income of Rs.17,53,105/-. The AO made the assessment at Rs.1,96,75,380/-. Aggrieved by the order of AO, the assessee preferred an appeal before the 2 ld.CIT(A) and the ld. CIT(A) granted relief to the assessee. Aggrieved by order of ld.CIT(A) granting relief to the assessee the revenue is in appeal before the Tribunal.

The revenue is contesting the relief of Rs.20,00,000/- given by the ld. CIT(A) to the assessee.

We find that the quantum in dispute is Rs.20,00,000 and the tax effect involved therein is less than Rs.10 lakhs. In view of the Circular issued by CBDT bearing No.21/2015 dated 10.12.2015 prescribing new monetary limit of Rs.10.00 lakhs for preferring appeal against the orders passed by Ld CIT(A) before the Tribunal, the revenue is precluded from pursuing this appeal by the revenue, as the said circular has retrospective effect and is applicable to the existing appeals of revenue. Accordingly, we dismiss the same.

In the result the appeal of the revenue stands dismissed.

Order pronounced in the open court on 10th March, 2016 . आदेश की घोषणा खुरे न्मामारम भें ददनांकः 10th March, 2016 को की गई । (संजय गगव/SANJAY GARG) (राजेश क मार/RAJESH KUMAR) न्याययक सदस्य/Judicial Member ऱेखा सदस्य/Accountant Member भुंफई Mumbai; ददनांक Dated 10/03/2016 व.नन.स./ SRL , Sr. PS

3 आदेश की प्रयिलऱपऩ अग्रेपषि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. प्रत्मथी / The Respondent. 2. 3. आमकय आमुक्त(अऩीर) / The CIT(A)- आमकय आमुक्त / CIT 4. ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR,

ITAT, Mumbai 6. गार्ड पाईर / Guard file. आदेशान सार/ BY ORDER,उऩ/सहायक ऩुंजीकार (Dy./Asstt.

ACIT 24(1), MUMBAI vs. PRAVIN A KOTHARI, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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