ACIT 20(1), MUMBAI vs. AMIRALI J. DOSSA, MUMBAI

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ITA 1200/MUM/2011Status: DisposedITAT Mumbai04 January 2016AY 2007-082 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 Revenue's appeal was not maintainable due to a low tax effect, citing CBDT Circular No. 21/2015 which sets a monetary limit for appeals.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting additions related to 'bogus commission' and 'sale of old batteries'. The assessee argued that the tax effect was below Rs. 10 lakhs, making the appeal not maintainable.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect below the prescribed limit as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO & SHRI SANDEEP GOSAIN

For Appellant: Shri B. Satyanarayana Raju, DR
For Respondent: Shri Mayur A Shah
Hearing: 04.01.2016Pronounced: 04.01.2016

PER D. KARUNAKARA RAO, AM: This appeal filed by the Revenue on 9.2.2011 is against the order of the CIT (A)-31, Mumbai dated 8.1.2010 for the assessment year 2007-2008. 2. At the outset, Ld Counsel for the assessee brought our attention to the grounds raised by the Revenue which relate to the CIT (A)‟s decision in deleting the additions of Rs. 6,73,271/- made on account of „bogus commission‟ and Rs. 23,28,916/- made on account of „sale of old batteries not recorded‟. In this regard, he mentioned that the tax effect in this appeal is below Rs. 10 lakhs and therefore, the appeal of the Revenue is not maintainable. In support of his argument, he brought our attention to the recently issued CBDT Circular No.21/2015, dated 10.12.2015 and submitted that the appeals filed by the Revenue with a tax effect of Rs. 10 lakhs and below are to be either dismissed by the Tribunal as not maintainable or not pressed by the Revenue. Referring to the above mentioned Board Circular No.21/2015, Ld Counsel for the assessee brought our attention to para 10 and submitted that the said monetary limitation of Rs. 10 lakhs applies to all the appeals filed by the Revenue retrospectively. Considering the significance of the said para 10 of the CBDT Circular (supra) is extracted as under:- “10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts / Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn / not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject operative at the time when such appeal was filed.”

3.

Considering the above, the appeal filed by the Revenue, wherein the tax effect is below the above stated tax limit of Rs. 10 lakhs, is dismissed as not maintainable.

4.

In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on 4th January, 2016. (SANDEEP GOSAIN) ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक 4.1.2016 व.नन.स./ OKK , Sr. PS आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. प्रत्मथी / The Respondent. 2. 3. आमकय आमुक्त(अऩीर) / The CIT(A)- 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR, ITAT, Mumbai 6. गार्ड पाईर / Guard file. सत्मावऩत प्रनत ////

आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.

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