ITO WD 1(1), KALYAN vs. ASHISH RADHESHYAM BERIA, THANE

The captioned appeal is filed by the Revenue on 10.02.2016 and Cross Objection No.167/M/2016 is filed by the assessee on 04.10.2016. Both these appeals are filed against the order of the CIT (A)-1, Mumbai dated 27.11.2015. Since, the issues raised in these appeals are inter-connected, therefore, for the sake of convenience, they 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, Ld Counsel for the assessee briefly narrated the facts of the case and demonstrated that the tax effect involved in the Revenue’s appeal is Rs. Rs. 9,71,514/- ie 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.

After hearing both the parties, we are of the opinion, considering the low tax effect involved in the present case ie below Rs. 10 lakhs, the appeal filed by the Revenue is required to be dismissed since, the same is not maintainable. Accordingly we order. 4. In the result, appeal filed by the Revenue is dismissed. 5. Considering our decision on the Revenue’s appeal in the above paras of this order, wherein the Revenue’s appeals is dismissed, Cross Objection raised by the assessee does not have legs to stand. Therefore, the CO filed by the assessee is dismissed as such. 6. In the result, CO filed by the assessee is dismissed. 7. Consequently, appeal filed by the Revenue and the CO filed by the assessee are dismissed. Order pronounced in the open court on 22nd February, 2017.