ITO 9(3)(1), MUMBAI vs. TARUN HIRALAL DHAMI, MUMBAI

PDF · subscribers
ITA 13/MUM/2014Status: DisposedITAT Mumbai30 June 2016AY 2010-112 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 monetary limit. The Departmental Representative also conceded this fact. Therefore, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT challenging an order from the CIT(A) for assessment year 2010-11. The tax effect in the case was 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 low tax effect, as per 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, “E” BENCH, MUMBAI

Before: SHRI SHAILENDRA KUMAR YADAV, JM & SHRI RAJESH KUMAR, AM

Hearing: 30.6.2016Pronounced: 30.6.2016

O R D E R PER RAJESH KUMAR, A. M: This is an appeal filed by the revenue challenging the order dated 7.10.2013 of ld.CIT(A)-20, Mumbai, for assessment year 2010-11.

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.

3.

Shri Dhaval Shah 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 is less than Rs. 10.00 lacs. Considering these facts, we dismiss the appeal holding it as not maintainable u/s. 268A of the Act.

2 13/Mum/2014

4.

In the result, appeal of the Revenue is dismissed.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →