What did the Tribunal hold?

The Tribunal held that the tax effect in the Revenue's appeals was below Rs. 10 lakhs, making them covered by CBDT Circular No. 21/2015. Therefore, the appeals were not maintainable.

The Revenue filed four appeals against common orders of the CIT(A) for assessment years 2007-2008 to 2010-2011. The assessee argued that the tax effect in all appeals was below Rs. 10 lakhs.

What were the issues?

The primary issue was whether the appeals filed by the Revenue were maintainable given the low tax effect, in light of CBDT Circular No. 21/2015.

DCIT vs Jasraj C. Jain | ITAT Mumbai 2017

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO

For Appellant: Ms. Beena Santosh, DR

For Respondent: Shri Vimal Punamiya

Hearing: 10.04.2017Pronounced: 10.04.2017

PER D. KARUNAKARA RAO, AM: There are four appeals under consideration and they are filed by the Revenue for the AYs 2007-2008 to 2010-2011. All these appeals are filed against the common order of the CIT (A)-48, Mumbai dated 28.7.2017. Considering the connectivity and commonality of the issues involved in the present appeals, all the four appeals are clubbed, heard combinedly and disposed of in this consolidated order. Appeal wise adjudication is given in the following paras of this order.

At the outset, Counsel for the assessee filed a chart, showing the details of the tax effect, and demonstrated that the tax effect involved in all the appeals is below Rs. 10 lakhs and therefore, the CBDT Circular No.21/2015 applies to all the cases. Ld AR further submitted that considering the low tax effect, all the four appeals filed by the Revenue are required to be dismissed as not maintainable.

After hearing the Ld Representatives of both the parties and on perusal of the chart giving the details of the tax effect, I am of the opinion, the tax effect involved in the Revenue’s appeals is below Rs. 10 lakhs. Therefore, this case is covered by the CBDT Circular No.21/2015, dated 10.12.2015 which is relevant for the proposition that the appeals filed by the Revenue with a tax effect of Rs. 10 lakhs and below are to be either dismissed by the Tribunal as not maintainable or not pressed by the Revenue. Therefore, considering the low tax effect involved in the present appeals filed by the Revenue, they are required to be dismissed since, the same are not maintainable. Accordingly I order.

In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open court on 10th April, 2017. (D. KARUNAKARA RAO) ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक 10.04.2017 व.नन.स./ OKK , Sr. PS आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant प्रत्मथी / The Respondent. 2. आमकय आमुक्त(अऩीर) / The CIT(A)- 3. आमकय आमुक्त / CIT 4. ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR,

ITAT, Mumbai गार्ड पाईर / Guard file. 6. सत्मावऩत प्रनत //// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.

DCIT CENT. CIR. - 2(4), MUMBAI vs. JASRAJ C. JAIN, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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