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Income Tax Appellate Tribunal, MUMBAI BENCH “B”, MUMBAI
Before: SHRI MAHAVIR SINGH & SHRI RAJESH KUMARShri Nitinchandra M. Jobanputra,
This appeal by the Revenue is arising out of order of CIT(A)-35, Mumbai in Appeal No.CIT(A)-35/ITO25(3)(1)/ITA 297/10-11, order dated 20/12/2012. Assessment was framed by ITO, Ward 25(3)(1), Mumbai under section 143(3) of the Income Tax Act, 1961 ( herein after referred to as ‘the Act’) for the assessment year 2008-09 vide his order dated 16/12/2010.
At the outset, it is noticed that the total quantum under dispute involved in this Revenue’s appeal amounts to Rs.17,86,289/-. The tax effect on this quantum addition at the maximum marginal rate of tax would be at Rs.5,35,886/-. Once the low tax effect is involved in the appeal, the same is covered vide CBDT Circular 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. Hence, this being low tax effect case, the appeal of Revenue is dismissed.
Order pronounced in the open court on 18/05/ 2016.