Axis Carriers & Logistics P.Ltd , Mumbai vs Department Of Income Tax
- CitationITA NO.5892/Mum/2013 (A.Y.2010-11)
Ratio decidendi
The rule this decision rests on
The Tribunal holds that an appeal by the revenue is not maintainable where the tax effect involved is below the monetary threshold fixed by a binding CBDT Circular directing the department not to file appeals in such cases; the department, being bound by the Circular, cannot prosecute an appeal that falls below that threshold, and the appeal is accordingly dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
आयकर अपीलीय अिधकरण, अिधकरण मुंबई IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES 'A' MUMBAI सव ौी आय.पी. बंसल, याियक सदःय एवं ौी चं पुजारी, लेखा सदःय के सम । BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER
ITA NO.5892/Mum/2013 (A.Y.2010-11)
Dy. Commissioner of Income-tax -10(2) M/s. Axis Carriers & Logistics Pvt. Room No.432, 4th Floor, Aayakar Bhavan Ltd. M.K.Road Vs. 803/B, Kukreja Palace, Vallabh Mumbai-400 020. Baug Lane, (Appellant ) Ghatkopar East, Mumbai-400 077. GIR No./PAN : AADCA 9585 A (Respondent)
Appellant by : Shri Asghar Zain Respondent by : Shri Rakesh Milwani
Date of hearing : 18/02/2015 Date of pronouncement : 18/02/2015
ORDER
PER CHANDRA POOJARI, A.M:
This appeal by the revenue is directed against the order of CIT(A) dated 17/7/2013. The revenue has raised the ground with regard to deletion of Rs.10.00 lacs towards expenses on account of want of necessary documentary evidence on cash payments.
2. We have heard both the parties. It is pointed out by the parties that the tax effect in this case is Rs.3,09,000/- only and referring the CBDT Circular No.[F. No.279/Misc.142/2007 - ITJ (PT.)] Instruction No. 5/2014 dated 10/7/2014 wherein it is stated that where tax effect is less than Rs.4.00 lacs, the Board has taken the 2 ITA No.5892/M/13
decision not to file appeal before the Tribunal to avoid litigation. Being so, the appeal filed by the revenue is not maintainable. The ld. AR accordingly placed reliance on the above Circular. Since tax effect is less than the prescribed amount, and same is binding on the revenue, and department is not justified in filing this appeal accordingly, the appeal is dismissed as not maintainable.
3. Appeal of the revenue is dismissed.
Order pronounced in the open court on 18/02/2015 आदे श क घोषणा खुले यायालय म# $दनांकः 18/02/2015 को क गई ।
Sd/- Sd/- (आय.पी. बंसल / I.P. BANSAL) (चं पुजारी /CHANDRA POOJARI ) याियक सदःय / JUDICIAL MEMBER लेखा सदःय / ACCOUNTANT MEMBER
मुंबई Mumbai; $दनांक Dated 18/02/2015 व.िन.स./Jv, Sr. PS
आदे श क ूितिल+प अमे+षत/Copy षत of the Order forwarded to : 1. अपीलाथ. / The Appellant 2. ू/यथ. / The Respondent. 3. आयकर आयु0(अपील) / The CIT(A)- 4. आयकर आयु0 / CIT
5. +वभागीय ूितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai
6. गाड फाईल / Guard file.
आदे शानुसार/ ार BY ORDER, स/या+पत ूित //True Copy//
उप/सहायक उप सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अिधकरण मुंबई / ITAT, Mumbai.
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