What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable due to the tax effect being below the threshold specified in CBDT Circular No. 21/2015. Consequently, the cross objection filed by the assessee was dismissed as infructuous.

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The assessee filed a cross objection. The tax effect in the appeal was admittedly below Rs. 10 Lakhs.

What were the issues?

Maintainability of the Revenue's appeal based on tax effect and the consequential dismissal of the assessee's cross objection.

ACIT vs M/S Savitri Devi Om Prakash &… | ITAT Kolkata 2017

Income Tax Appellate Tribunal, BENCH ‘D’ KOLKATA

Before: Hon’ble Shri J.Sudhakar Reddy, AM & Shri A.T.Varkey, JM ]

Heard together (2 matters)

ITA No.113/Kol/2016

C.O.No.20/Kol/2016

Read from the judgment's own cause title. This page is filed under one of them.

ORDER PER J.SUDHAKAR REDDY, AM:

This is appeal filed by the Revenue against the order of the ld. Commissioner of Income Tax (Appeals) - 4, Kolkata (hereinafter the ‘ld. CIT(A)’), dt. 06/11/2015, passed u/s 250 of the Income Tax Act, 1961(the ‘Act’) for the Assessment Year 2009- 10. 2. This appeal of the Revenue is to be dismissed as not maintainable in view of the CBDT Circular No. 21/2015, dated 10th December, 2015, as the tax effect is admittedly below Rs. 10 Lakhs.

Since the appeal of the revenue is dismissed as unadmitted, the Cross objection raised by the assesee is dismissed as infructuous. & C.O.No.20/Kol/2016 M/s. Savitri Devi Om Prakash Others (AOP)-A.Y.2009-10 2

In the result the appeal of the Revenue is dismissed.

Order pronounced in the Court on 18.10.2017.

ACIT, CIR-45, KOLKATA, KOLKATA vs. M/S SAVITRI DEVI OM PRAKASH & OTHERS (AOP), KOLKATA

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