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Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
Before: Shri Joginder Singh, & Shri Ramit Kochar
आदेश / O R D E R
Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 23/05/2013 of the ld. First Appellate Authority, Mumbai, on the ground in holding that the tax credit claimed by the assessee u/s 154 of the Income Tax Act, 1961 (hereinafter the Act) cannot be denied merely for the reason that the assessee has claimed the credit under wrong hand of payment ignoring certain facts as has been mentioned in the grounds of appeal.
At the outset, the ld. counsel for the assessee Shri Mehul Shah, contended that the appeal of the Revenue is not maintainable as the tax effect is below prescribed monetary limit. This factual matrix was not controverted by Ms. Vinita J. Menon, ld. DR.
2.1. We have considered the rival submissions and perused the material available on record. We note that the total income computed by the Assessing Officer is Rs.13,79,680/-, therefore, the tax effect in the present appeal is below prescribed monetary limit. This factual matrix was consented to be correct by ld. DR, therefore, the appeal of the Revenue is not maintainable.
2.2. In view of the fact that the tax effect in the 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, advised/directed the Department not to file appeal in the cases where the tax effect does not exceed the following monetary limits. The revised monetary limit is as under:-
Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No. 1. Before Appellate Tribunal 10,00,000/- 2. U/s 260 A before High Court 20,00,000/- 3. Before 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 the above, the appeal of the Revenue is dismissed as not maintainable.
Finally, the appeal of the Revenue is dismissed.
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 15/12/2015