ITO 3(3)(2), MUMBAI vs. SIMPLEX METALLUIRGICAL P.LTD, MUMBAI

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ITA 2335/MUM/2015Status: DisposedITAT Mumbai18 January 2016AY 2010-114 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 noted that the tax effect was below the monetary limit specified by CBDT instructions for filing appeals before the ITAT. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the First Appellate Authority. The assessee's counsel pointed out that the tax effect in the appeal was below the prescribed monetary limit for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT instructions.

AI-generated summary — verify with the full judgment below

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

Before: Shri Joginder Singh,

For Respondent: Ms. Keyuri Desai
Hearing: 18/01/2016

आदेश / O R D E R The Revenue is aggrieved by the impugned order dated 19/01/2015 of the Ld. First Appellate Authority, Mumbai, on the grounds as stated in the grounds of appeal.

M/s Simplex Metallurgical Pvt. Ltd.

2.

At the outset, it was brought to our notice by the ld. counsel for the assessee, Ms. Keyuri Desai, that the tax effect in the present appeal is below prescribed monetary limit. This factual matrix was consented to be correct by the respective ld. DR, Shri V.S. Jadhav.

1.

2.1. I have considered the rival submissions and perused the material available on record. I note that the total income computed by the ld. Assessing Officer is Rs.14,12,530/- and the ld. Commissioner of Income Tax (Appeals) has granted relief to the assessee, therefore, the tax effect in the present appeal is below the prescribed monetary limit of Rs.10 lakh.

2.2. In view of the fact that the tax effect in the present appeal is below prescribed monetary limit, as contained in CBDT instruction No.3/2011 dated 09/02/2011, further instruction No.5/2014 (F No.279/Misc./142/2007-IT(PT) dated 10/07/2014, the CBDT revised the monetary limit for filing the appeal before various Authorities/Courts vide CBDT Circular No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007- IT(PT), with retrospective effect and advised/directed the Department not to file appeal in the cases where the tax effect does not exceed the following monetary limit.:-

M/s Simplex Metallurgical Pvt. Ltd.

Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No.

1.

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 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 in the presence of ld. representative from both sides at the conclusion of the hearing on 18/01/2016.

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