ITO (E),WD 2(3), MUMBAI vs. SAI SHIVA EDUCATIONAL TRUST, MUMBAI

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ITA 2463/MUM/2021Status: DisposedITAT Mumbai04 August 2022AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the specified monetary limit for departmental appeals. Consequently, the appeal was dismissed as withdrawn in terms of the circular.

What were the facts?

The Revenue appealed against an order of the CIT(A) that allowed the assessee's appeal against an assessment order. The assessee argued that the tax effect was below the monetary limit specified by CBDT Circular No. 17/2019, and thus the appeal should be dismissed.

What were the issues?

Whether the departmental appeal should be dismissed due to the tax effect being below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, G BENCH, MUMBAI

order : 04.08.2022 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal the Revenue has challenged the order, dated 29.10.2021 passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeals Centre, Delhi [hereinafter referred to as ‘the CIT(A)’] for the Assessment Year 2012-13, whereby the CIT(A) had allowed the appeal filed by the Assessee against the Assessment Order, dated 12.03.2015 passed under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

When the appeal was taken up for hearing the Ld. Authorised Representative for the Assessee, at the outset, submitted that the tax Assessment Year: 2012-13 effect in the said appeal is less than INR 50,00,000/- and therefore, in view of Circular No. 17/2019, dated 08.08.2019, issued by the Central Board of Direct Taxes (CBDT) the appeal be dismissed.

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