ASST CIT (TDS) 2(2), MUMBAI vs. PIRAMAL LIFE SCIENCES LTD, MUMBAI

This appeal by the assessee is directed against the order dated 27.01.2014 passed by the CIT(A)-13, Mumbai in respect of order under section 201 r.w.s 40(a)(ia) of the Act for A.Y. 2009-10, on the following grounds: - “

(i) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the amount of non/short deduction determined u/s 201(1) r.w.s 40(a0(ia) and consequential interest u/s 201(1A) by holding that no taxes required to be deducted on expenditure disallowed without appreciating that the AO has determined the short/non deduction by discussing at length various issues in the order u/s 201(1) r.w.s. 40(a)(ia). (ii) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the interest demand without properly appreciating the factual & legal matrix of the case as clearly brought out by the A.O. in order u/s. 201(1) r.w.s. 40(a)(ia) of the I.T. Act, 1961.

2. At the outset, it is noticed that, the disputed issue of disallowance under section 40(a)(ia) r.w.s. 201(1) of the Act is only for `6,05,170/- and the 2 M/s. Piramal Life Sciences Ltd. tax effect on this amount is below the monetary limit of `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 `10 lakhs. In the said circular, it has been specially 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. Order pronounced in the open court on 18th January, 2016. Sd/- Sd/- (Sandeep Gosain) (Jason P. Boaz) Judicial Member Accountant Member

Mumbai, Dated: 18th January, 2016