ITO 9(1)(2), MUMBAI vs. BDH INDUSTRIES LTD, MUMBAI

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ITA 6533/MUM/2011Status: DisposedITAT Mumbai29 January 2016AY 2008-093 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as not maintainable. The tax effect of the disputed amount was below the monetary limit prescribed by the CBDT for filing appeals before the ITAT.

What were the facts?

The Revenue appealed the deletion of an addition of Rs. 26,06,050/- to total purchases by the CIT(A). The assessee had failed to provide complete purchase details, though maintaining bin cards.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT considering the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.C.SHARMA (AM) & SHRI RAM LAL NEGI (JM)

For Appellant: Shri. Peeyush Sonnar
For Respondent: Shri. G.L. Nachhara
Hearing: 07/12/2015Pronounced: 29/01/2016

The aforesaid appeal has been filed by the Revenue against impugned order dated 15/06/2011 passed by the CIT(A)-9, Mumbai in respect of the order of assessment passed u/s 143(3) for the assessment year 2008-09, on the following grounds:-

1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 26,06,050/- from total purchases, on estimated basis, without appreciating the fact that the assessee has failed to submit details like item, value, quantity of opening and closing stock summary of RG-23 and PLA Register, though assessed

maintains ‘bin card’ but the same is hand written and remains unverifiable. 2. The appellant prays that the order of the CIT(A) on the grounds be set aside and that of the Assessing Officer be restored. 3. The appellant craves leave to amend or alter any ground or add a new ground that may be necessary.

2.

At the outset, it is noticed that, the disputed issue is only for Rs. 26,06,050/- and the tax effect on this amount is much below the specified monetary limit of Rs. 10 lakhs. As per the latest CBDT Circular No. 21 of 2015, dated 10th December, 2015, new guidelines of monetary limit for filing of appeals by the Department has been issued, whereby the tax effect for filing of appeal before the ITAT has been prescribed at Rs. 10 lakhs. In the said Circular, it has been specifically clarified that the said instruction will apply retrospectively to all the pending appeals. Accordingly, the appeal filed by the revenue is not maintainable and is dismissed in limine.

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