DCIT 1(2)(2), MUMBAI vs. MILLENIUM LAND DEVELOPERS P.LTD, MUMBAI

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ITA 7520/MUM/2016Status: DisposedITAT Mumbai08 August 2019AY 2009-102 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 held that the Revenue's appeal was not maintainable due to the low tax effect as per the CBDT's circular. The assessee's cross-objection was not pressed.

What were the facts?

The Revenue preferred an appeal against the CIT(A)'s order for assessment year 2009-10. The assessee also filed a cross-objection. The tax effect in the Revenue's appeal was below Rs. 20 lakhs.

What were the issues?

Maintainability of Revenue's appeal due to low tax effect and whether the assessee's cross-objection was pressed.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “B”, MUMBAI

Before: SHRI MAHAVIR SINGH & SHRI RAJESH KUMAR

For Appellant: Shri S. Abi Rama Karthikeyan, A.R
For Respondent: Shri Rohan Shah, D.R
Hearing: 09.07.2019Pronounced: 08.08.2019

Per Rajesh Kumar, Accountant Member:

1.

The above titled appeal by the Revenue and the cross objection by the assessee have been preferred against the order dated 04.08.2016 of the Commissioner of Income Tax (Appeals)

2.

The tax effect in this appeal is below Rs.20 lakhs and therefore the same is not maintainable in terms of Board’s Circular No.3/2018 (F.NO.279/MISC.142/2007-ITJ (PT)] dated 11.07.2018 and is dismissed.

CO No.159/M/2019 3. At the time of hearing, the Ld. A.R. submitted before the Bench that cross objection filed by the assessee is not pressed and therefore the same is also dismissed as not pressed.

4.

In the result, appeal of the Revenue as well as cross objection of the assessee is dismissed.

Order pronounced in the open court on 08.08.2019.

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