ACIT 3(1)(1), MUMBAI vs. GEETHA MEHRA, MUMBAI

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ITA 3651/MUM/2016Status: DisposedITAT Mumbai27 June 2018AY 2008-092 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 tax effect involved in the Revenue's appeal was less than ₹10,00,000. As per CBDT circular, the Revenue is precluded from pursuing such appeals.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for AY 2008-09. The assessee also filed a cross-objection. The quantum of dispute in the Revenue's appeal was ₹31,15,500.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed in limine due to low tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, G Bench, Mumbai

Before: Shri B.R. Baskaran & Shri Amarjit Singh

For Appellant: Shri J. Prabhakar
For Respondent: Shri V. Vidhyadhar, Shri J. Prabhakar
Hearing: 27.06.2018Pronounced: 27.06.2018

This appeal filed by Revenue and the Cross objection filed by the assessee are directed against the order dated 16.03.2011 passed by the CIT(A)-38, Mumbai and they relate to A.Y. 2008-09.

2.

At the outset it was noticed that the quantum in dispute in the appeal filed by the Revenue is `31,15,500/- only. Apparently the tax effect involved in this appeal is less than `10,00,000/-. As per the circular No. 21/15 dated 10.12.2015 issued by the CBDT, the Revenue is precluded from pursuing this appeal. Accordingly we dismiss this appeal

C0 11 Ms. Geetha Mehra of the revenue in limine. In view of the same, the cross objection filed by the assessee is also dismissed.

3.

In the result, the appeal filed by the Revenue and the cross objection filed by the assessee are dismissed.

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