DCIT 10(1)(1), MUMBAI vs. KDD INDIA P. LTD, MUMBAI

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ITA 3926/MUM/2016Status: DisposedITAT Mumbai17 May 2018AY 2012-132 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 was below the monetary limit specified in the CBDT circular. As the Revenue did not provide any material to suggest exceptions, the appeal was dismissed on this ground.

What were the facts?

The Revenue preferred an appeal against the CIT(A)'s order for AY 2012-13. The assessee's AR submitted that the tax effect was below Rs. 10 lacs, making CBDT Circular No. 21/2015 applicable.

What were the issues?

Whether the appeal should be dismissed based on the tax effect being below the threshold specified in CBDT Circular No. 21/2015.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI C.N. PRASAD & SHRI RAJESH KUMAR

For Appellant: Shri Lalchand Chaudhary, A.R
For Respondent: Shri M.C. Omi Ningshen, D.R
Hearing: 17.05.2018Pronounced: 17.05.2018

Per Rajesh Kumar, Accountant Member:

1.

The present appeal has been preferred by the Revenue against the order dated 17.03.2015 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2012-13.

2.

At the outset, the Ld. A.R. has submitted that tax effect involved in this appeal is less than Rs. 10 lacs and the CBDT Circular No. 21/2015 is applicable to this appeal, hence, this appeal be dismissed in terms of CBDT circular no 21/2015 dated 10/12/2015.

2 M/s. KDD (India) Pvt. Ltd.

3.

The tax effect in dispute in the captioned appeal is stated to be below the monetary limit of Rs.10.00 lacs as specified in the CBDT Circular dated 10/12/2015 (supra). The Ld. DR has not brought out any material to suggest that the captioned appeal is protected by any of the circumstances prescribed in Para-8 of the Circular dated 10/12/2015 (supra). Hence, without going into the merit of the issues raised in the present appeal, this appeal is treated as dismissed as being in contravention of the CBDT Circular dated 10/12/2015(supra) read with section 268A of the Income Tax Act.

4.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 17.05.2018.

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