Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
Per Bench All these appeals are by the Revenue, aggrieved by the impugned order all dated 13/11/2013, of the ld. First Appellate Authority, Mumbai.
During hearing of these appeals, nobody was present on behalf of the assessee in spite of service of registered AD notice. The assessee did not appear at the time of hearing, therefore, we have no option but to proceed ex- parte, qua the assessee and tend to dispose of these appeals on the basis of material available on record. At the outset, it was brought to our notice that the tax effect in the respective appeal is below prescribed monetary limit. This factual matrix was not controverted by the ld. DR, Shri Pramod Nikalje.
2.1. We have considered the rival submissions and perused the material available on record. It is noted tax effect in the respective appeal is below prescribed limit of Rs.10 lakh for filing the appeal before the Tribunal.
2.2. In view of the fact that the tax effect in the respective appeal is below prescribed monetary limit, as contained in CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007-IT(PT), with retrospective effect, wherein, the Department of Revenue was advised/directed not to file appeal in the cases where the tax effect is below 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/-
As per the aforesaid instruction/revised monetary limit, the Department is not to file appeal before the Tribunal, wherein, the tax effect is less than Rs.10,00,000/-, consequently, the appeals of the Revenue are not maintainable. Therefore, in view of uncontroverted contention of the ld. DR and the aforementioned Circular no. 21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007-IT(PT), of CBDT, the appeals of the Revenue are dismissed as not maintainable. Finally, the appeals of the Revenue are 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 03/02/2016.