DCIT CC 40, MUMBAI vs. LATA MANOJ JAIN, MUMBAI

ITA 4882/MUM/2013Status: DisposedITAT Mumbai15 December 2016AY 2005-062 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 in the CBDT circular. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. During the hearing, the assessee's counsel pointed out that the tax effect in the case was less than Rs. 10 lacs.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT based on the tax effect and CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: SHRI MAHAVIR SINGH & SHRI ASHWANI TANEJA

For Appellant: Shri R.P. Meena

For Respondent: Shri Manish Sanghvi

Date of hearing : 07-12-2016 Date of order : 15-12-2016

O R D E R Per ASHWANI TANEJA, AM: During the course of hearing it was pointed out by the Ld. Counsel of the assessee that tax effect in this case is less than Rs.10 lacs. Therefore, appeal filed by the Revenue is not maintainable in view of circular of the CBDT No.21 of 2015 dated 10-12-2015.

Per contra, Ld. DR endorsed the submissions of the assessee.

We find that tax effect in this case is less than Rs.10 lacs. Therefore, appeal filed by the Revenue is not maintainable. Thus, the present appeal

is dismissed as withdrawn. Our order shall have no bearing on the merits of the case.

As a result appeal is hereby dismissed. Order was pronounced in the open court at the conclusion of the hearing.

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