ITO 2(3)(2), MUMBAI vs. SHREE BAL CONSTRUCTIONS P. LTD, MUMBAI

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ITA 7374/MUM/2013Status: DisposedITAT Mumbai02 December 2016AY 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 was below the threshold specified by a CBDT circular. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against a penalty order. During the hearing, both parties agreed that the tax effect was less than Rs. 10 lakhs.

What were the issues?

Maintainability of the appeal due to low tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI

Before: SHRI MAHAVIR SINGH & SHRI ASHWANI TANEJA

For Appellant: Shri B.S. Bist
For Respondent: Shri Kalpesh Turalkar

Date of hearing : 30-11-2016 Date of order : 02-12-2016

O R D E R

Per ASHWANI TANEJA, AM:

1.

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.

2.

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.

3.

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 The appeal is dismissed as withdrawn.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.

4.

As a result, the appeal filed by the revenue is dismissed.

Order pronounced in the open court at the conclusion of hearing.

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