ITO - 21(3)(3), MUMBAI vs. M/S LEO CONSTRUCTION, MUMBAI

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ITA 2657/MUM/2013Status: DisposedITAT Mumbai04 February 2016AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the Rs. 10 lakh limit as per CBDT instruction. Therefore, the Revenue's appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. During the hearing, it was brought to the Tribunal's notice that the tax effect in the appeal was below the prescribed monetary limit.

What were the issues?

Whether the Revenue's appeal should be entertained when the tax effect is below the prescribed monetary limit set by the CBDT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI

For Respondent: Shri G.N. Makwana
Hearing: 04/02/2016

आदेश / O R D E R

Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 16/01/2013 of the Ld. First Appellate Authority, Mumbai.

2.

During hearing of this appeal, nobody was present on behalf of the assessee. At the outset, it was brought to our notice that the tax effect in the appeal is below prescribed monetary limit. This factual matrix was not controverted by the ld. DR, Shri G.N. Makwana.

1.

2.1. We have considered the submissions of the ld. DR and perused the material available on record. It is noted that in this case, the tax effect is below prescribed limit of Rs.10 lakh, therefore, in view of, CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007-IT(PT), with retrospective effect, wherein, the Board has advised/directed the Department not to file appeal in the cases where the tax effect does not exceed the following monetary limit.:-

Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No. 1. Before ITAT 10,00,000/- 2. U/s 260 A before Hon’ble High 20,00,000/- Court 3. Before Hon’ble Supreme Court 25,00,000/-

Considering the aforesaid instruction and the factual matrix that the tax effect is less than Rs.10,00,000/- and uncontroverted admission of the ld. DR, the appeal of the Revenue is dismissed as not maintainable. Finally, the appeal of the Revenue is dismissed as not maintainable. This Order was pronounced in the open court in the presence of ld. DR at the conclusion of the hearing on 04/02/2016.

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