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Income Tax Appellate Tribunal - Mumbai

Asst Cit 10(3)(2), Mumbai vs Procter & Gamble Home Products Ltd, ... on 12 April, 2017

            आयकर अपीलीय अधिकरण "आई" न्यायपीठ मुंबई में।

                IN THE INCOME TAX APPELLATE TRIBUNAL
                       MUMBAI BENCH "I", MUMBAI

        BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER AND
               SHRI CN PRASAD, JUDICIAL MEMBER

 ITA NO. 3488/MUM/2015            :         (A.Y : 2008 - 09)

 ACIT 10(3)(2)                    Vs.       Procter & Gamble Home
 Room No.212,                               Products Ltd.
 Aayakar Bhavan                             P&G Plaza, Cardinal Gracias Rd.
 M.K.Road                                   Chakala, Andheri (East)
 Mumbai - 400 020                           Mumbai - 400 089
                                            PAN : AAACP4643H
 (Appellant)                                (Respondent)

               Appellant by             :     Shri R.A. Dhyani
               Respondent by            :     Ms. Moksha Mehta

               Date of Hearing     :          09/02/2017
               Date of Pronouncement :        12/04/2017

                                  ORDER

PER CN PRASAD, JM :

The appeal filed by the revenue is directed against the order dated 18.03.2015, passed by the Ld. CIT (Appeals)-57, Mumbai, for the assessment year 2008-09.

2. At the outset, the Ld. Counsel for the Assessee submitted that the tax effect in this revenue's appeal is less than Rs.10 lakhs and therefore in view of CBDT Circular No. 21/2015 dated 10.12.2015, the appeal is not maintainable. A statement showing the working of tax effect is also furnished before us. The Ld. DR fairly submits that the tax effect is less than Rs.10 lakhs.

M/s Procter & Gamble Home Products Ltd.

ITA No3488/Mum/2015

3. We found that as per the recent Circular No.21/2015, dated 10.12.2015, issued by the CBDT, the monetary limit has been revised for filing of appeal before ITAT by the revenue fixing the tax effect limit of Rs.10 lakhs. In the instant case, the tax effect is below Rs.10 lakhs, therefore the appeal of the revenue is not maintainable and liable to be dismissed in limine. This Circular is retrospective and applicable to the pending appeals also.

3. Considering the above CBDT Circular, we found that this appeal of the revenue is not maintainable as the tax effect in this appeal is below Rs.10 lakhs. Accordingly, we dismiss the appeal of the revenue.

4. In the result, appeal of revenue is dismissed.

Order has been pronounced in the Open Court on 12th April 2017.

        Sd/-                                               Sd/-

(RAJENDRA)                                          (C.N.PRASAD)
ले खा सदस्य /                                       न्याधयक सदस्य /
ACCOUNTANT MEMBER                                    JUDICIAL MEMBER


Mumbai, Date : 12th April 2017

LR, SPS

M/s Procter & Gamble Home Products Ltd.

ITA No3488/Mum/2015 Copy to :

1) The Appellant
2) The Respondent
3) The CIT(A) concerned
4) The CIT concerned
5) The D.R, "I" Bench, Mumbai
6) Guard file By Order Dy./Asstt. Registrar I.T.A.T, Mumbai