ITO 12(1)(1), MUMBAI vs. SIDDHIVINAYAK HOMES, MUMBAI

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ITA 2066/MUM/2014Status: DisposedITAT Mumbai26 October 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 in the appeal was below Rs. 10 lakhs. Therefore, it was covered by CBDT Circular No. 21/2015, which mandates dismissal or non-pressing of appeals with such low tax effect.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2009-2010. The sole issue was the disallowance of Rs. 21,81,135/- under Section 80IB(10).

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below Rs. 10 lakhs is maintainable in light of CBDT Circular No. 21/2015.

Which sections of the Income-tax Act were involved?

Section 80IB(10)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO & SHRI AMARJIT SINGH

For Appellant: Shri Nitin R. Waghmode
For Respondent: Shri M.P. Gupta
Hearing: 26.10.2016Pronounced: 26.10.2016

PER D. KARUNAKARA RAO, AM: This appeal filed by the Revenue on 26.3.2014 is against the order of the CIT (A)-23, Mumbai dated 11/12/2013 for the assessment year 2009-2010. 2. Before us, Ld Counsel for the assessee mentioned that the only issue involved in this appeal relates to the disallowance of Rs.21,81,135/- u/s 80IB(10) of the Act. In this regard, Ld Counsel for the assessee filed working and demonstrated that total tax effect in this case is below Rs. 10 lakhs. Therefore, it is the submission of the Ld Counsel that considering the low tax effect, the CBDT Circular No.21/2015 applies to the appeal.

3.

After hearing the Ld DR for the Revenue and on perusal of the orders of the Revenue Authorities as well as the relevant material placed before us, we find, the tax effect in this case is below Rs. 10 lakhs. Therefore, this case is covered by the CBDT Circular No.21/2015, dated 10.12.2015 which is relevant for the proposition that the appeals filed by the Revenue with a tax effect of Rs. 10 lakhs and below are to be either dismissed by the Tribunal as not maintainable or not pressed by the Revenue. Considering the same, the present appeal filed by the Revenue is required to be dismissed since, the same is not maintainable. We order accordingly.

4.

In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open court on 26th October, 2016. (AMARJIT SINGH) ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक 26.10.2016 व.नन.स./ OKK , Sr. PS आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A)- 4. आमकय आमुक्त / CIT ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR,

5.

ITAT, Mumbai गार्ड पाईर / Guard file. 6. सत्मावऩत प्रनत ////

आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.

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