DCIT 10(2), MUMBAI vs. FOODS & INNS LTD, MUMBAI

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ITA 5371/MUM/2013Status: DisposedITAT Mumbai21 December 2015AY 2006-074 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 prescribed monetary limit as per CBDT instructions. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was below the prescribed monetary limit of Rs. 10 lakh for filing appeals before the ITAT.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES, ‘F’ MUMBAI

Before: Shri Joginder Singh, & Shri Jason P. Boaz

For Respondent: Shri Keshav B. Bhujle
Hearing: 22/12/2015

आदेश / O R D E R

Per Joginder Singh (Judicial Member)

1.

This appeal is by the Revenue, against the impugned order dated 08/05/2013 of the ld. First Appellate Authority, Mumbai.

2.

At the outset, it was brought to our notice that the tax effect in this appeal is below prescribed monetary limit. This factual matrix was not controverted by the ld. DR. 2.1. We have considered the rival submissions and perused the material available on record. We note that 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 this 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.:-

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 facts with respect to prescribed monetary limit, more specifically on behalf of the Revenue, 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 court in the presence of the ld. representative from both sides at the conclusion of the hearing on 22/12/2015.

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