ITO 14(1)(4), MUMBAI vs. BOMBAY FANCY TEXTILE CO, MUMBAI

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ITA 3313/MUM/2014Status: DisposedITAT Mumbai08 June 2016AY 2010-113 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 of the appeal was less than Rs. 10 lakhs. According to CBDT Circular No. 21/2015, such appeals are not maintainable.

What were the facts?

The assessee filed its return of income, and the Assessing Officer made additions. The CIT(A) deleted an addition of Rs. 11,12,860/-. The revenue appealed this deletion.

What were the issues?

Maintainability of revenue's appeal due to low tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 41(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, JM & SHRI RAJESH KUMAR, AM

For Respondent: Shri Sachchidanand Dube
Hearing: 31.5.2016Pronounced: 8.6.2016

सुनवाई की तायीख / Date of Hearing : 31.5.2016 घोषणा की तायीख /Date of Pronouncement :8.6.2016 आदेश / O R D E R PER RAJESH KUMAR, A. M: This is an appeal filed by the revenue challenging the order dated 4.2.2014 of ld.CIT(A)25, Mumbai, for assessment year 2010-11 by which the revenue is challenging the deletion of addition of Rs.11,12,860/- u/s 41(1) of the Income Tax Act, 1961 (the Act.

2 3313/Mum/2014

2.

The facts of the case are that the assessee filed its return of income on 15.10.2010 declaring total income at Rs.95,917/-. In the scrutiny proceedings, the Assessing Officer after making certain disallowances framed the assessment u/s 143(3) at Rs.22,79,730/-. Aggrieved by the order of the AO, the assessee preferred an appeal before the ld.CIT(A), who in turn deleted the addition of Rs.11.12,860/- u/s 41(1) of the Act. Being aggrieved by the order of ld.CIT(A), the revenue is in appeal before us. None appeared on behalf of the assessee and therefore proceeded to decide this 3. appeal ex-parte without the presence of assessee and after hearing the ld.DR. From the fact, we find that the assessee declared return of income at Rs.95,917/- and hence, the AO made an addition of Rs.21,83,813/- by making various disallowances. In the first appellate stage, the ld.CIT(A) allowed the relief of Rs.11,12,860/-. Therefore, the net income remained Rs.11,12,860/-. We find that the tax effect involved in this appeal is less than Rs.10 lakhs and according to the CBDT circular bearing Circular No.21/2015 dated 10.12.2015 the revenue is precluded from filing any appeal before the ITAT where tax effect is less than Rs.10 lakhs and the said circular has retrospective effect and is applicable to the existing appeals also. Therefore, this appeal filed by the Revenue is not maintainable as per the instructions given in CBDT circular mentioned above. Accordingly, we dismiss the appeal of the revenue being below Rs.10 lakhs.

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