ITO 25(3)(3), MUMBAI vs. POONAM P. SHAH, MUMBAI

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ITA 1668/MUM/2013Status: DisposedITAT Mumbai16 December 2015AY 2007-083 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 as per CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs are not maintainable. Therefore, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel pointed out that the tax effect involved in the appeal was below Rs. 10 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect, in light of the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Jitendra Singh
Hearing: 16.12.2015Pronounced: 16.12.2015

Assessee by: Shri Jitendra Singh Department by: Ms. R.M.Madhvi सुनवाई क� तार�ख / Date of Hearing: 16.12.2015 घोषणा क� तार�ख /Date of Pronouncement: 16.12.2015 आदेश / O R D E R PER AMARJIT SINGH, JM:

This appeal filed by the Revenue on 01.03.2013 is against the order of learned CIT(A) 35, Mumbai dated 14.12.2012 for the assessment year 2007-08.

2.

At the outset, learned Counsel for the assessee mentioned that the tax effect involved in this appeal is below Rs.10 lakhs and therefore, this appeal is not maintainable. In support of this he submitted the working of the tax effect which is Rs.5,05,124/-. In support of his argument, he brought our attention to the recently issued CBDT Circular No.21/2005, 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 Assessment Year: 2007-08 pressed by the Revenue. Referring to the above mentioned Board Circular No.21/2015, learned 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.

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