DCIT CC 44, MUMBAI vs. SHOBHANA MAJITHIA, MUMBAI

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ITA 2994/MUM/2011Status: DisposedITAT Mumbai09 January 2017AY 2007-082 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 Departmental Representative conceded that the tax involved was less than Rs. 10.00 lacs. Therefore, the tribunal dismissed the appeal as not maintainable.

What were the facts?

The Assessing Officer (AO) filed an appeal before the ITAT. It was noted that the tax effect involved in the appeal was below the monetary limit prescribed by the CBDT.

What were the issues?

Whether an appeal filed by the AO is maintainable when the tax effect is below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 254(1)

AI-generated summary — verify with the full judgment below

Order u/s.254(1)of the Income-tax Act,1961(Act) लेखा लेखा सद"य लेखा लेखा सद"य सद"य, राजे"" सद"य राजे"" राजे"" केकेकेके अनुसार राजे"" अनुसार अनुसार/ PER Rajendra A.M.- अनुसार The above appeal was filed by the Assessing Officer(AO)raising two grounds of appeal. It was noticed that tax effect involved in the case under consideration was below the monetary limit, (Rs.10,00,000/-),prescribed by the Central Board of Direct Taxes (CBDT), vide its Circular No. 21/2015(F.No.279/Misc. 142/2007-ITJ (Pt.) dated 10th December, 2015. 2.During the course of hearing before us,the Departmental Representative (DR)fairly conceded that the tax involved in the appeal was less than Rs.10.00 lacs.Considering these facts,we dismiss the appeal holding it as not maintainable. As a result,appeal filed by the Assessing Officer stands dismissed. फलतः िनधा"रती अिधका री "ारा दािखल क" गई अपील नामंजूर क" जाती है. Order pronounced in the open court on 09th ,January 2017. आदेश क" घोषणा खुले "यायालय म" "दनांक 09 जनवरी, 2017 को क" गई । ( पवन"सह/Pawan singh) (राजे"" / RAJENDRA) "याियक सद"य / JUDICIAL MEMBER लेखा लेखा लेखा सद"य लेखा सद"य सद"य / ACCOUNTANT MEMBER सद"य मुंबई Mumbai; "दनांकDated : 09.01.2017. Jv.Sr.PS.

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