ASST CIT 16(2), MUMBAI vs. THANEE HEIGHTS CO OP HSG SOC. LTD, MUMBAI

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ITA 4536/MUM/2014Status: DisposedITAT Mumbai07 January 2016AY 2010-113 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 appeal filed by the Revenue was not maintainable due to the low tax effect, as per the latest CBDT circular. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order concerning the assessment year 2010-11. The disputed issue involved an amount of Rs. 8,84,010, with a tax effect below the monetary limit prescribed by CBDT Circular No. 21 of 2015.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit stipulated 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 “E”, MUMBAI

Before: SHRI JASON P. BOAZ (AM) & SHRI RAM LAL NEGI (JM)

For Appellant: Shri. Vivek Ojha
For Respondent: Shri. Anuj Kisnadwala
Hearing: 07/01/2016Pronounced: 07/01/2016

The aforesaid appeal has been filed by the Revenue against impugned order dated 01/04/2014 passed by the CIT(A)-27, Mumbai in respect of the order of assessment passed u/s 143(3) for the assessment year 2010-11, on the following grounds:-

1) "Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is right in concluding that the principle of mutuality would apply to the collections made from members as non-occupancy charges. Whereas, the fact is that all participants to the “non-occupancy common fund” are not contributors to the non-occupancy common fund which thus defies the “principle of mutuality”.

2) “Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) is right in deleting the amount of Rs.87,625/- on account of car parking charges”.

3) The appellant craves leave to amend or alter any grounds or add a new ground which may be necessary.

2.

At the outset, it is noticed that, the disputed issue is only for Rs. 8,84,010/- 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.

Order pronounced in the open court on 7th January, 2016

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