What did the Tribunal hold?

The Tribunal noted that the tax effect was below the threshold for filing appeals as per CBDT circular. Since the Revenue could not point out any exceptions or defects, the appeal was dismissed in limine.

The appeal was filed by the Revenue against an order of the CIT(Appeals) for assessment year 2008-09. The assessee argued that the appeal had a low tax effect, below the limit prescribed by CBDT Circular No. 21 of 2015.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed on the grounds of low tax effect as per CBDT circular.

JCIT vs M/S Asyst Software Pvt. Ltd. | ITAT Kolkata 2017

Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA

Before: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Shri Arindam Bhattacharjee, Addl. CIT-DR अपीलाथ� क� ओर से/By Appellant Shri Dilip Loyalka, FCA ��यथ� क� ओर से/By Respondent 07-12-2017 सुनवाई क� तार�ख/Date of Hearing 15-12-2017 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER Waseem Ahmed, Accountant Member:- This appeal by the assessee is against the order of Commissioner of Income Tax (Appeals)-23, Kolkata dated 01.03.2016 and pertains to assessment year 2008-09.

At the time of hearing Ld. AR for the assessee before us submitted that the present appeal relates to low tax effect in view of CBDT vide Circular No. 21 of 2015 and filed a chart showing the disputed amount of tax as reproduced below:- “2. The total tax effect of this appeal filed by the JCIT(OSD), Cir2(1) o 232.05.2016 is Rs.9,08,349/- only. The detailed computation of tax effect is as under:- Calculation of tax effect Particulars As per return As per assessment Difference order Total taxable income 3,17,26,700 3,43,99,100 26,72,400

JCIT, (OSD), CIR-2(1), KOLKATA, KOLKATA vs. M/S ASYST SOFTWARE PVT. LTD., KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

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