ASST CIT (TDS) 2(2), MUMBAI vs. PIRAMAL LIFE SCIENCES LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal filed by the Revenue was not maintainable due to the tax effect being below the prescribed monetary limit for appeals to the ITAT as per CBDT Circular No. 21 of 2015. This circular was applicable retrospectively.
What were the facts?
The Revenue appealed against the CIT(A)'s deletion of disallowance under section 40(a)(ia) and consequential interest. The disputed amount was ₹6,05,170, with a tax effect below the monetary limit for appeals.
What were the issues?
Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the monetary limit prescribed by CBDT circulars. The applicability of CBDT Circular No. 21 of 2015 to pending appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, C Bench, Mumbai
Before: Shri Jason P. Boaz & Shri Sandeep GosainSmt. K.G. Mittal Ayurvdedi
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
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- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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