ITO WD 1(5), KALYAN vs. GUARDEX FIRE SYSTEMS (I) P.LTD, KALYAN

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ITA 5054/MUM/2015Status: DisposedITAT Mumbai19 September 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 dismissed the appeal filed by the Revenue. The dismissal was based on the fact that the tax effect was below the prescribed monetary limit for appeals.

What were the facts?

The Revenue filed an appeal before the ITAT challenging the order of the CIT(A). The tax effect involved in the appeal was below the monetary limit prescribed by the CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable when the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, JM & SHRI RAJESH KUMAR, AM

For Respondent: Shri Ajay Singh
Hearing: 19.09.2016Pronounced: 19.09.2016

सुनवाई की तारीख / Date of Hearing : 19.09.2016 घोषणा की तारीख /Date of Pronouncement : 19.09.2016 आदेश / O R D E R

PER RAJESH KUMAR, AM

1.

This is an appeal filed by the revenue challenging the order of ld.CIT(A) -2 Thane dated 13.7.2015 for the assessment year 2009-10.

2.

We find from the orders of authorities below that the tax effect involved in the above referred case is below the monetary limit (Rs. 10,00,000/-) prescribed by the Central Board of Director Taxes(CBDT), vide its Circular No.21/2015(F.No.l42/2007-ITJ (Pt.) dated 10th December, 2015. 2 3. Shri Ajay Singh, Ld. AR appeared on behalf of the assessee. The Departmental Representative (DR) on a query by the Bench fairly conceded that the tax effect involved in the above cases is less than Rs.10.00 lacs. Considering these facts, we dismiss this appeal holding it as not maintainable u/s. 268A of the Act. 4. In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 19.9.2016. sd (MAHAVIR SINGH ) (RAJESH KUMAR) Judicial Member Accountant Member म ंबई Mumbai; ददनधंक Dated : 19.9.2016 Sr.PS:SRL:

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