DCIT CC 7(4), MUMBAI vs. SANJAY SONAWANI, PUNE

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ITA 225/MUM/2015Status: DisposedITAT Mumbai18 August 2016AY 2008-092 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 Departmental Representative conceded that the tax effect was below the monetary limit, making the appeal not maintainable.

What were the facts?

The Assessing Officer filed an appeal against the assessee for the assessment year in question. The addition involved was Rs. 5,30,000, with a tax effect below the monetary limit prescribed by the CBDT.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable given the tax effect was below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I”, BENCH MUMBAI

Before: SHRI D.KARUNAKARA RAO, AM & SHRI AMARJIT SINGH, JM Shri Sanjay Sonawani,

For Respondent: Shri P. R. Ghosh (DR)
Hearing: 18/08/2016Pronounced: 18/08/2016

PER D.KARUNAKARA RAI, AM: The above appeal is filed by the Assessing Officer (AO) raising only one Ground of appeal for the assessment year mentioned above. The addition involved in the case is only Rs. 5,30,000/- and the tax effect is obviously below the monetary limit of Rs. 10,00,000/- prescribed by the Central Board of Director Taxes(CBDT) vide its Circular No.21/2015(F.No.142/2007-ITJ (Pt.) dated 10th December, 2015. 2. None has 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 case was less than Rs. 10.00 lacs. Considering these facts, we dismiss the appeal holding them as not maintainable. In the result, appeal of the Revenue is dismissed.

3.

Order pronounced in the open court on 18/08/2016. (AMARJIT SINGH) ACCOUNTANT MEMBER Mumbai; Dated : 18/08/2016 SK, PS Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant

2.

""यथ" / The Respondent. 3. आयकर आयु"त(अपील) / The CIT(A), Mumbai. 4. आयकर आयु"त / CIT "वभागीय ""त"न"ध, आयकर अपील"य अ"धकरण, मुंबई / DR, ITAT, Mumbai 5. 6. गाड" फाईल / Guard file. ///

आदेशानुसार/ BY ORDER,

उप/सहायक पंजीकार (Asstt.

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