ACIT CEN CIR 24 & 26, MUMBAI vs. SHYAM R PAWAR, MUMBAI

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ITA 6120/MUM/2011Status: DisposedITAT Mumbai25 July 2016AY 2003-042 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 as not maintainable because the tax effect was below the prescribed monetary limit. Therefore, the appeal filed by the Assessing Officer was dismissed.

What were the facts?

The Assessing Officer filed an appeal for the assessment year 2003-04. Both the Departmental Representative and the Assessee's representative agreed that the tax effect involved in the appeal was below the monetary limit prescribed by the CBDT.

What were the issues?

The primary issue was whether an appeal should be entertained when the tax effect is below the monetary limit set by the CBDT.

Which sections of the Income-tax Act were involved?

Section 254(1)

AI-generated summary — verify with the full judgment below

Order u/s.254(1)of the Income-tax Act,1961(Act) लेखा लेखा सद"य लेखा लेखा सद"य सद"य राजे"" सद"य राजे"" राजे"" केकेकेके अनुसार राजे"" अनुसार अनुसार PER RAJENDRA, AM- अनुसार The above appeal was filed by the Assessing Officer (AO) raising various grounds of appeal

for the above mentioned assessment year.The tax effect involved in this appeal is below the monetary limit,(Rs.10,00,000/-) prescribed by the Central Board of Direct Taxes (CBDT), vide its Circular No.21/2015(F.No.279/Misc. 142/2007-ITJ (Pt.) dated 10th December, 2015.

2. The Departmental Representative (DR) and Authorised Representatives (AR),who appeared before the Bench, fairly conceded that the tax involved in the above appeal was less than Rs.10.00 lacs. Considering these facts,we dismiss the appeal holding it as not maintainable. As a result, appeal filed by the Assessing Officer stands dismissed. फलतः िनधा"रती अिधकारी "ारा दािखल क" गई अपील नामंजूर क" जाती है. Order pronounced in the open court on 25th July,2016. आदेश क" घोषणा खुले "यायालय म" "दनांक 25 जुलाई, 2016 को क" गई । (सी. एन. "साद / C.N. Prasad ) (राजे"" / Rajendra) "याियक सद"य / JUDICIAL MEMBER लेखा लेखा लेखा सद"य लेखा सद"य सद"य / ACCOUNTANT MEMBER सद"य मुंबई Mumbai; "दनांकDated : 25.07.2016. Jv.Sr.PS. आदेश आदेश क" आदेश आदेश क" क" "ितिलिप क" "ितिलिप "ितिलिप अ"ेिषत "ितिलिप अ"ेिषत अ"ेिषत/Copy of the Order forwarded to : अ"ेिषत 1.Appellant /अपीलाथ"

2. Respondent /""यथ" 3.The concerned CIT(A)/संब" अपीलीय आयकर आयु", 4.The concerned CIT /संब" आयकर आयु"

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