What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT instructions. Therefore, the appeal filed by the Revenue was dismissed.

The Revenue filed an appeal before the ITAT. The assessee did not appear, and the notice was returned unserved. The tax effect involved in the appeal was below the prescribed monetary limit for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the low tax effect, as per CBDT instructions.

ACIT vs Ketan Navnitlal Shah | ITAT Mumbai 2016

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

Hearing: 02/02/2016

आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 18/01/2013 of the ld. First Appellate Authority, Mumbai.

During hearing of this appeal, nobody was present on behalf of the assessee. The registered AD notice sent to the assessee was returned un-served by the postal authorities with the remark “left”, therefore, the appeal cannot be kept pending indefinitely, consequently, we have no option to proceed ex-parte, qua the assessee. At the outset, it was brought to the knowledge of the Bench that the tax effect involved in the present appeal is below prescribed monetary limit. This factual matrix was consented to be correct by the ld. DR, Shri G. N. Makwana.

2.1. We have considered the rival submissions and perused the material available on record. It is noted that the tax effect involved in the present 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 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), applicable with retrospective effect, wherein, the Department was advised/directed 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.

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 appeal of the Revenue is 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 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 02/02/2016.

ACIT 25(2), MUMBAI vs. KETAN NAVNITLAL SHAH, MUMBAI

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