ITO 21(3)(1), MUMBAI vs. MR. MOHD HAI ABDULLA CHOWDHARY, MUMBAI

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ITA 142/MUM/2013Status: DisposedITAT Mumbai01 June 2016AY 2007-083 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 the tax effect involved was below the monetary limit prescribed by the CBDT circular. The circular, with retrospective effect, barred appeals with a tax effect below Rs. 10 lakhs.

What were the facts?

The Revenue appealed against the deletion of an addition of Rs. 28,52,122/- made by the AO. The AO had treated 30% of sundry creditors as income, which the CIT(A) deleted.

What were the issues?

Whether the appeal is maintainable before the Tribunal given the tax effect and the CBDT circular on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 144

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: 1.6.2016Pronounced: 1.6.2016

सुनवाई की तायीख / Date of Hearing : 1.6.2016 घोषणा की तायीख /Date of Pronouncement :1.6.2016 आदेश / O R D E R PER RAJESH KUMAR, A. M: This is an appeal filed by the revenue challenging the order dated 10.10.2012 ld.CIT(A)32, Mumbai, for assessment year 2007-08 by which the revenue is challenging the deletion of addition of Rs.28,52,122/-.

2.

None appeared on behalf of the assessee; therefore, we decide this appeal ex- parte without the presence of assessee and after hearing the ld.DR.

3.

From the fact, we find that the assessee declared return of income at Rs.2,00,922 on 19.10.2007. Thereafter, the AO framed the assessment u/s 144 by 2 3313/Mum/2014 making addition on a sundry creditor Rs.28,52,122/- and expenses of Rs.1,30,761/- and assessed the income at Rs.31,83,805/-. The First Appellate Authority deleted the addition of Rs.28,52,122/- by holding that there is no justification of treating the 30% of creditors on adhoc basis as ceased to exists. Being aggrieved by the order of ld.CIT(A), the revenue is in appeal before us.

4.

We have heard the ld.DR and perused the material placed available before us. On perusal of the record we find that the tax effect involved in this appeal is below Rs.10 lakhs. Recently, the Central Board of Direct Taxes, has issued a Circular bearing No.21/2015 dated 10.12.2015 prescribing new monetary limit of Rs.10.00 lakhs for preferring appeal against the orders passed by Ld CIT(A) before the Tribunal. According to the above said circular, the revenue is precluded from pursuing this appeal, as the said circular has retrospective effect and is applicable to the existing appeals also. We find that the quantum in dispute is Rs.28,52,122/- and the tax effect involved therein is less than Rs.10 lakhs. Therefore, following the instruction issued by CBDT, we find that tax effect involved in this appeal is less than Rs.10 lakhs and therefore, this appeal is not maintainable. Accordingly, we dismiss the appeal of the revenue being below Rs.10 lakhs.

5.

In the result, the appeal of the revenue is dismissed.

Order pronounced in the open court on 1.6.2016. Sd sd (MAHAVIR SINGH ) (RAJESH KUMAR) न्मायमक सदस्म / Judicial Member रेखा सदस्म / Accountant Member भुंफई Mumbai; ददनांक Dated : 1.6.2016

3 3313/Mum/2014

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