ACIT 3(3), MUMBAI vs. VIVID VISION TREXIM P.LTD, MUMBAI

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ITA 5341/MUM/2012Status: DisposedITAT Mumbai22 January 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 held that the tax effect of the disputed amount was below the monetary limit for filing appeals as per CBDT Circular No. 21 of 2015. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue appealed against the deletion of disallowance of rent expenses by the CIT(A). The disputed amount was Rs. 29,37,000/-.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect is below the prescribed monetary limit.

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 “F”, MUMBAI

Before: SHRI B.R.BASKARAN (AM) & SHRI RAM LAL NEGI (JM)

For Appellant: Ms. Lata Sunder
For Respondent: Shri. M. Subramanian
Hearing: 14/10/2015Pronounced: 22/01/2016

The aforesaid appeal has been filed by the Revenue against impugned order dated 26/04/2012 passed by the CIT(A)-7, Mumbai in respect of the order of assessment passed u/s 143(3) for the assessment year 2009-10, on the following grounds:-

1. “Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A)was justified in deleting the disallowance of rent expenses of Rs. 29,37,000/- made by the AO without appreciating the fact that the assessee has not produced any documentary evidences viz. leave and licence agreement etc. during the course of assessment as well as appellate proceedings.”

2. “The appellant prays that the order of the CIT(A) on the above ground 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. 29,37,000/- and the tax effect on this amount is 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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