DCIT 9(2)(2), MUMBAI vs. E 2 E INFOTECH INDIA P.LTD, MUMBAI

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ITA 4425/MUM/2015Status: DisposedITAT Mumbai06 January 2020AY 2010-112 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the Revenue was precluded from pursuing the appeal due to the low tax effect, as per CBDT Circular No. 17/2019. Therefore, the appeal was dismissed in limine.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting a transfer pricing adjustment. The tax effect involved in the dispute was less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable given the tax effect threshold stipulated by CBDT circulars.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K” Bench, Mumbai

Before: Shri Shamim Yahya (AM) & Shri Pawan Singh (JM)

For Respondent: Shri V. Jenardhanan
Hearing: 15.10.2019Pronounced: 06.01.2020

The appeal filed by the Revenue is directed against the order dated 15.4.2015 passed by the learned CIT(A) and it relates to A.Y. 2010-11. The Revenue is aggrieved by the decision of the learned CIT(A) in deleting the Transfer pricing adjustment amounting to Rs. 28,27,840/-.

2.

At the outset it is noted that the tax effect involved in the quantum under dispute is less than Rs.50.00 lakhs and hence the Revenue is precluded from pursuing this appeal as per CBDT vide Circular No. 17/2019 dated 8.8.2019. Accordingly, this appeal by the Revenue is dismissed in limine on account of tax effect.

3.

In the result, the appeal filed by the Revenue is dismissed. Order has been pronounced in the Court on 06.01.2020.

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