ITO 32(1)(2), MUMBAI vs. (LATE) CHANDULAL M. VOHERA, MUMBAI

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ITA 2273/MUM/2016Status: DisposedITAT Mumbai24 November 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 monetary limit for filing appeals. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal against the assessment order for AY 2009-10. The tax effect in this case was less than Rs. 10,00,000/-, as per CBDT Circular No. 21/2015.

What were the issues?

Maintainability of Revenue's appeal due to low tax effect.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: Shri Mahavir Singh, & Shri Ashwani Taneja

आदेश / O R D E R Per Ashwani Taneja (Accountant Member): This appeal has been filed by the Revenue against order of Ld. order of Ld. Commissioner of Income Tax (Appeals)Mumbai-44, {(in short ‘CIT(A)’}, passed against assessment order u/s 143(3) of the Act, for the A.Y 2009-10.

2.

During the course of hearing none appeared on behalf of the assessee. It was informed by the Ld. DR that the tax effect Chandulal M. Vohera 2 in this case is less than Rs. 10,00,000/-, therefore, appeal of the Revenue was not maintainable and it should be treated as withdrawn. In view of circular of the Central Board of Direct Taxes No.21/2015 dated 10th December, 2015.

3.

It is noted by us that tax effect of this case is less than Rs.10,00,000/-, therefore appeal of the Revenue was not maintainable, in view of aforesaid circular of Board. Thus, the appeal filed by the Revenue is dismissed. Our order will have no bearing on the merit of this case.

4.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open court on 24th November 2016.

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