What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal following CBDT Circular No. 21/2015, which mandates dismissal of appeals with a tax effect below Rs. 10 lakhs. The assessee's cross-objection was not adjudicated as it only sought to support the CIT(A)'s order.

The Revenue filed an appeal and the assessee filed a cross-objection against the CIT(A)'s order for AY 2010-11. The Departmental Representative conceded that the tax effect in the appeal was less than Rs. 10 lakhs.

What were the issues?

The primary issue was the appealability of the Revenue's appeal given the low tax effect, as per CBDT guidelines.

ACIT vs Bajaj Bhavan Owners Premises Co… | ITAT Mumbai 2016

Income Tax Appellate Tribunal, “J” Bench, Mumbai

Before: Shri B.R. Baskaran (AM) & Shri Amit Shukla (JM)

For Appellant: Shri Vipul I. Sheth

For Respondent: Shri Vaibhav Jain

Hearing: 5.12.2016Pronounced: 5.12.2016

Heard together (2 matters)

I.T.A. No. 2181/Mum/2015

I.T.A. No. 190/Mum/2016

Read from the judgment's own cause title. This page is filed under one of them.

The appeal filed by the Revenue and Cross Objection filed by the assessee are directed against the order dated 13.1.2014 passed by the learned CIT(A)-28, Mumbai and they relate to A.Y. 2010-11.

At the time of hearing learned Departmental Representative fairly conceded that the tax effect involved in this appeal is less than ` 10 lakhs.

2 Bajaj Bhawan Owner’s Premises Co-operative Society Ltd.

Accordingly, by following the Circular No.21/2015 dated 10.12.2015 issued by CBDT, we dismiss the appeal filed by the Revenue.

The assessee has filed the cross objection only to support the order passed by the learned CIT(A) and hence it does not require any adjudication.

In the result, the appeal filed by the Revenue and Cross Objection filed by the assessee are dismissed.

Order has been pronounced in the Court on 5.12.2016

ACIT 17(1), MUMBAI vs. BAJAJ BHAVAN OWNERS PREMISES CO OP SOC LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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