ITO 21(3)(1), MUMBAI vs. ALISHER ISMAIL QURESHI, MUMBAI

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ITA 141/MUM/2013Status: DisposedITAT Mumbai24 January 2017AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect involved in the appeal was less than Rs. 10 lakhs. As per CBDT Circular No. 21/2015, appeals with a tax effect below this limit are not maintainable. Therefore, the appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT against an order passed by the CIT(A) which arose from an order passed by the Assessing Officer under Section 271(1)(c) read with Section 274 of the Income Tax Act. The assessment year was 2009-10.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the low tax effect, as per the CBDT's revised monetary limits.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 274

AI-generated summary — verify with the full judgment below

IN THE INCOME TAX MUMBAI BENCH APPELATE TRIBUNAL "A", MUMBAI BEFORE SHRI RC SHARMA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA No.141/Mum/2013 (Assessment Year 2009-10) Roome-Tax Officer-21/31) Room No. 503, C-1l,5th Floor Pratyakshakar Bhavan, Bandra Kurla Complex Bandra (East), Mumbai -51 Vs. Appellant Alisher Ismail Qureshi Clo Imtiyas Ahmed & Co. IT_ B/2/1 Rahjat Consultant 259,lahirt Rartment; Rd, Mumbai 400070 PAN: AAHFAS277A Respondent Appellant by Respondent by Shri. AK Dhondial None Date of hearing Date of pronouncement 24/10/2016 24/01/2017 ORDER PER RAVISH SOOD, J.M: The captioned appeal filed by the Revenue year 2007-08 is directed pertaining to assessment against an order passed by 03/06/2014, which in turn, CIT(A)-26, Mumbai, dated arises out of an order passed by the Assessing t7" 2 ITA No.141/Mum/2013 (Assessment Year 2009-10) Officer under Sec: 271(1)(c) rw.s 274 of the Income Tax Act, 1961 (in short "the Act') dated. 28.03.2012. 2. At the very outset of the hearing of the appeal, it was submitted by the Ld. DR that as the tax effect involved in this appeal was less than Rs.1O.OO therefore Iac, the appeal was not maintainable The CBDT vide Circular No.21/2015, dated 10/12/2015 has revised the monetary limits for filing of appeals by the Department before the Income-tax appellate tribunal, retrospectively: Since the tax effect in dispute in the captioned appeal is stated to be below the monetary limit of Rs.10.00 lac specified in the CBDT Circular, dated 10/12/2015 (supra), the same is dismissed as not maintainable: 3. In the result; appeal of the Revenue is dismissed. Order pronounced in the open court on 24/01/2017 (R.C SHARMA) (RAVISH SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated- 24/01/2017 Copy_of_the_Order_fonwarded_to 1 The Appellant _ 2. The Respondent: 3 The CIT(A)-26 4. CIT 5. DR, ITAT, Mumbai 6. Guard file: BY ORDER, I[ll (Dy-/Asstt. Registrar) ITAT, Mumbai

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