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Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI
Before: SHRI MAHAVIR SINGH & SHRI ASHWANI TANEJA
Date of hearing : 30-11-2016 Date of order : 02-12-2016
O R D E R
Per ASHWANI TANEJA, AM:
This appeal has been filed by the Revenue against the order of Commissioner of Income-tax (Appeals)-6, Mumbai [hereinafter called CIT(A)] dated 20-09-2013 passed against the penalty order of the AO u/s 271(1)(c) dated 29-06-2012 for A.Y. 2009-10.
During the course of hearing, it was jointly stated by both the parties that tax effect in this case is less than Rs.10 lakhs, therefore, the appeal filed by the Revenue is not maintainable in view of circular issued by the CBDT No.21 of 2015 dated 10-12-2015.
We have gone through the orders passed by the lower authorities and find the contention made by the parties as factually correct. It is noted that tax effect in this appeal is less than Rs.10 lakhs, therefore, this appeal is not maintainable in view of the aforesaid circular. The appeal is dismissed as withdrawn. However, our order shall have no bearing on the merits of this case.
As a result, the appeal filed by the revenue is dismissed.
Order pronounced in the open court at the conclusion of hearing.