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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI RAJENDRA, AM & SHRI AMARJIT SINGH, JM
Revenue by: Shri Nikhil Tiwari Assessee by: Dr. A.K.Nayak सुनवाईकीतारीख / Date of Hearing: 22.03.2017 घोषणाकीतारीख /Date of Pronouncement: 22.03.2017 आदेश / O R D E R PER AMARJIT SINGH, JM: .M.14 & CO.14.M.16 A.Y.2009-10 The revenue has filed the above mentioned appeal against the order dated 21.05.2014 passed by the Commissioner of Income Tax (Appeals)- 6, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the assessment year 2009-10. The assessee has also filed the Cross Objection.
At the time of hearing, it was pointed out by the parties that the tax effect involved in this quantum in dispute by the revenue is less than Rs.10 lakhs. We also noticed from the working given by the assessee that the quantum in dispute is Rs.4,69,959/- and the effect therein is less than Rs.10 lakhs. Hence in view of the CBDT circular No.21/2015 dated 10.12.2015 the revenue is barred from pursuing this appeal. Accordingly, we dismissed this appeal in limine.
C.O. No. 14/Mum/2014:-
Since the appeal of the revenue has been ordered to be dismissed on account of tax effect below 10 lacs, therefore, in the said circumstances the assessee did not press this issue before us. Hence, this cross objection is decided against the assessee being not pressed