What did the Tribunal hold?

The Tribunal noted that the quantum in dispute was Rs. 30,65,920/- with an effect less than Rs. 10 lakhs. In view of CBDT circular No. 21/2015, the Revenue was barred from pursuing the appeal.

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2009-10. The tax effect involved in the dispute was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable when the tax effect is below the threshold specified in the CBDT circular.

ITO vs Shree Madhu Industrial Estate Ltd | ITAT Mumbai 2016

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI B.R.BASKARAN, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Narayan Atal

Hearing: 07.04.2016Pronounced: 18.05.2016

Assessee by: Shri Narayan Atal Department by: Shri A.K.Nayak सुनवाई क� तार�ख / Date of Hearing: 07.04.2016 घोषणा क� तार�ख /Date of Pronouncement: 18.05.2016 आदेश / O R D E R PER AMARJIT SINGH, JM:

This appeal filed by the Revenue is directed against the order passed by Commissioner of Income Tax (A) 2, Mumbai dated 28.03.2013 for the assessment year 2009-10.

At the time of hearing, it was pointed out by the parties that the tax effect involved in this quantum in dispute by the revenue is less

ITA No.4381/Mum/13 A.Y.2009-10 than Rs.10 lakhs. We also noticed from the working given by the assessee that the quantum in dispute is Rs.30,65,920/- and the effect therein is less than Rs.10 lakhs. Hence in view of the CBDT circular No.21/2015 dated 10.12.2015 the revenue is barred from pursuing this appeal. Accordingly, we dismissed this appeal in limine.

In result the appeal filed by the Revenue is dismissed.

Order pronounced in the open court on 18th May, 2016.

ITO 1(3)2, MUMBAI vs. SHREE MADHU INDUSTRIAL ESTATE LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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