What did the Tribunal hold?

The Tribunal held that the revenue's appeal should be dismissed in limine due to the tax effect being less than Rs. 10.00 lakhs, as per the CBDT circular.

The revenue filed an appeal against the CIT(A)'s order for AY 2008-09. The assessee's representative submitted that the tax effect was below the threshold limit for revenue appeals as per CBDT Circular No. 21/2015.

What were the issues?

Whether the revenue's appeal is maintainable when the tax effect is below the prescribed monetary limit as per CBDT circular.

ITO vs Vaishali Prakash Rane | ITAT Mumbai 2016

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)

For Appellant: Shri P.P. Jayaraman

For Respondent: Shri Ajay

Hearing: 13.7.2016Pronounced: 13.7.2016

The appeal of the revenue is directed against the order dated 28.11.2014 passed by Ld CIT(A)-37, Mumbai and it relates to the assessment year 2008-09.

At the time of hearing, the Ld A.R submitted that the tax effect involved in the present appeal of the revenue is less than Rs.10.00 lakhs. Accordingly he submitted that the revenue is precluded for pursuing this appeal as per the Circular No.21/2015 dated 10-12-2015 issued by CBDT. The Ld A.R also furnished a working of tax liability as per which the disputed tax liability worked out to Rs.3,55,403/-.

The Ld D.R did not contradict the factual aspects presented by Ld A.R.

Having heard the rival submissions, I am of the view that the present appeal of the revenue deserves to be dismissed in limine, in view of the circular of CBDT, referred supra, as the tax effect involved in this appeal is less than Rs.10.00 lakhs. Accordingly I dismiss the appeal of the revenue in limine.

In the result, the appeal of the revenue is dismissed. Order has been pronounced in the Court on 13.7.2016

ITO WD 25(1)(4), MUMBAI vs. VAISHALI PRAKASH RANE, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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