What did the Tribunal hold?

The Tribunal, taking into consideration the CBDT circular and the undisputed factual aspect presented by the assessee, dismissed the appeal filed by the Revenue in limine.

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for Assessment Year 2012-13. The assessee's representative argued that the tax effect was below Rs. 10 lakhs, making the appeal not maintainable as per CBDT Circular No. 21/2015.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by the CBDT circular.

ITO vs Purandar Taluka Nagari Sahakai… | ITAT Mumbai 2017

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)

For Appellant: Shri Prakash G. Jhunhunwala

For Respondent: Shri Rakesh Ranjan

Hearing: 8.6.2017Pronounced: 8.6.2017

The appeal filed by the Revenue are directed against the order dated 13.1.2017 passed by learned CIT(A)-33, Mumbai and it relates to A.Ys. 2012- 13.

At the outset, ld. AR of the assessee contended that the tax effect in this appeal of the revenue are below Rs.10 lakhs, therefore, the same is not maintainable as per the CBDT Circular No.21/2015, dated 10th December, 2015.

Learned Departmental Representative did not dispute the factual aspect presented by learned AR.

Having heard the rival submissions and also taking into consideration the Circular of CBDT referred above, I dismiss the appeal filed by the Revenue in limine.

2 M/s. Purandar Taluka Nagari Sahakari Patpedi Maryadit

In the result, the appeal filed by the Revenue is dismissed.

Order has been pronounced in the Court on 8.6.2017.

ITO 21(2)(5), MUMBAI vs. PURANDAR TALUKA NAGARI SAHAKAI PATPEDI MARYADIT, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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