ITO 18(2)(2), MUMBAI vs. SWAPNA RAJESH SAWANT, MUMBAI

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ITA 4039/MUM/2014Status: DisposedITAT Mumbai13 June 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 held that the tax effect involved in the appeal was below Rs. 10 lakhs. Following a CBDT circular, the Tribunal found the appeal not maintainable.

What were the facts?

The Revenue appealed against the deletion of an addition of Rs. 10,00,000 by the CIT(A). The assessee had declared a total income of Rs. 2,34,919, but the Assessing Officer framed the assessment at Rs. 22,45,600.

What were the issues?

Whether the appeal is maintainable based on the monetary limit prescribed by CBDT circulars, considering the tax effect involved.

Which sections of the Income-tax Act were involved?

Section 69A

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: 13.6.2016Pronounced: 13.6.2016

O R D E R PER RAJESH KUMAR, A. M: This is an appeal filed by the revenue challenging the order dated 19.3.2014 passed by ld.CIT(A)-29, Mumbai, for assessment year 2009-10 by which the revenue is challenging the deletion of addition of Rs.10,00,000/- by accepting the additional evidence u/s 46A of the Income Tax Rules, 1962.

2.

The facts of the case are that the assessee filed its return of income on 30.7.2009 declaring total income at Rs.2,34,919/-. The case of the assessee was selected for scrutiny and the Assessing Officer after making certain disallowances framed the assessment u/s 143(3) at Rs.22,45,600/-. Aggrieved by the order of the AO, the assessee preferred an appeal before the ld.CIT(A), who in turn deleted the addition to the extent of Rs.10,00,000/-. Being aggrieved by the order of ld.CIT(A), the revenue is in appeal before us.

2 4039/Mum/2014

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