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Income Tax Appellate Tribunal, MUMBAI BENCHES “B”, MUMBAI
Before: Shri Mahavir Singh & Shri Rajesh Kumar
O R D E R Per Mahavir Singh, Judicial Member
This appeal by revenue is arising out of the order of the CIT(A) – 1, Mumbai, in appeal No.CIT(A)-I/IT/E-1(233)/10-11 dated 13.02.2012. The assessment was framed by the Dy.DIT(E)-I(1), Mumbai, for A.Y. 2008-09 vide his order dated 28.12.2010 u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).
At the outset, it is noticed that the total quantum under dispute involved in this Revenue’s appeal amounts to Rs.17,52,540/-. The tax effect on this quantum addition at the maximum marginal rate of tax would be at Rs.5,25,771/-. Since the tax effect is involved in the appeal is low, the same is covered vide CBDT Circular
Maharashtra Jeevan Pradhikaran No Circular No.21/2015 dated 10/12/2015. As the issue is covered by CBDT Circular, which mandates that the tax effect involving less than Rs. 10.00 lacs is not maintainable before ITAT and this circular also applies to pending appeals, the appeal of Revenue is dismissed. Order pronounced in the open court on this day of 27th May 2016.