Income Tax Appellate Tribunal - Mumbai
Acit -7(2)(1), Mumbai vs Malhar Fashion India Pvt. Ltd., Mumbai on 11 April, 2017
आयकर अपील य अ धकरण "C" यायपीठ मब ंु ई म ।
IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No. 3070/ Mum/2016 ( नधा रण वष / Assessment Year : 2010-11) The A ssistant Commissioner बनाम/ Mal har Fashion India of Income Tax, 7(2 )(1) Private Limited v.
R.No. 573, 5 t h Floor 1 s t Floor, Tod i Estate Aayakar Bhawan Sunmi ll Comp ound, Lowe r M K Road, Mumb ai-400 020 Parel, Mumbai-400013 थायी ले खा सं . /PAN : AADCM8045P (अपीलाथ /Appellant) .. ( यथ / Respondent) Revenue by Mr. B.SATYANARAYAN RAJU, DR Assessee by : None ु वाई क तार ख / Date of Hearing सन : 11-04-2017 घोषणा क तार ख /Date of Pronouncement : 11-04-2017 आदे श / O R D E R PER RAMIT KOCHAR,ACCOUNTANT MEMBER :
This appeal filed by the Revenue is disposed of because the tax effect in the appeal is less than Rs. 10 lacs as per the latest CBDT Circular No. 21/2015, F. No. 279/Misc.142/2007-ITJ (Pt) dated 10th December, 2015 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India.
2. The ld. D.R. submitted that tax effect involved in this appeal is less than Rs. 10 lacs and the CBDT Circular No. 21/2015 is applicable to this appeal and the appeal is not maintainable/not pressed in terms of CBDT circular no 21/2015 dated 10/12/2015. The ld. DR submitted that as per 2 ITA 3070/Mum/2016 the latest CBDT Circular No. 21/2015, F. No. 279/Misc.142/2007-ITJ (Pt) dated 10th December, 2015 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, no appeal shall be filed by the Revenue in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3 of the circular .
Para 3 of the Circular No. 21/2015
S No. Appeals in Income tax Monetary Limit
matters (in Rs)
1 Before Appellate Tribunal 10,00,000/-
2 Before High Court 20,00,000/-
3 Before Supreme Court 25,00,000/-
In the said circular vide para 10, it is stipulated that 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 Pending appeals below the specified tax limits in may be withdrawn/not pressed. The learned AR also submitted that the appeal effect is less than Rs.10 lacs.
3. Keeping in view the CBDT Circular No. 21/2015 dated 10th December, 2015 which is applicable from retrospective effect and is also applicable to pending appeals and also in view of ld. DR stating before us that this appeal is now not maintainable/not pressed in view of the above CBDT Circular, we hold that this appeal filed by the Revenue which is covered by this order involving tax effect less than Rs. 10 lacs is not maintainable and is dismissed being not pressed. However, the Revenue is at liberty to file an application for recall of this appeal in accordance with law, if the Revenue wants to agitate the matter in accordance with the provisions/clauses as contained in the afore-stated circular. We order accordingly.
3 ITA 3070/Mum/2016
4. In the result, the appeal filed by the Revenue is dismissed.
Order pronounced in the open court on 11th April 2017. आदे श क घोषणा खुले #यायालय म% &दनांकः 11-04-2017 को क गई ।
Sd/- sd/-
(MAHAVIR SINGH) (RAMIT KOCHAR)
JUDICIAL MEMBER ACCOUNTANT MEMBER
मुंबई Mumbai; &दनांक Dated 11-04-2017
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आदे श क! " त$ल%प अ&े%षत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. यथ / The Respondent.
3. आयकर आयु9त(अपील) / The CIT(A)- concerned, Mumbai
4. आयकर आयु9त / CIT- Concerned, Mumbai
5. <वभागीय >त>न?ध, आयकर अपील य अ?धकरण, मुंबई / DR, ITAT, Mumbai C Bench
6. गाडC फाईल / Guard file.
आदे शानुसार/ BY ORDER, स या<पत >त //True Copy// उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, मुंबई / ITAT, Mumbai