ACIT 22(3), NAVI MUMBAI vs. SANTOSH A. PATEKAR, MUMBAI
What did the Tribunal hold?
The tribunal held that the Revenue's appeal was not maintainable due to the monetary limit prescribed by the Board for appeals to the Appellate Tribunal.
What were the facts?
The Revenue appealed an order by the CIT(A) that allowed the assessee's appeal. The tax effect of the Revenue's appeal was below Rs. 10 lacs.
What were the issues?
Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI SANJAY ARORA, AM & SHRI RAM LAL NEGI, JM
O R D E R Per Sanjay Arora, A. M.: This is an Appeal by the Revenue directed against the Order by the Commissioner of Income Tax (Appeals)-33, Mumbai (‘CIT(A)’ for short) dated 24.12.2012, allowing the Assessee’s appeal contesting its assessment u/s.143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for the assessment year (A.Y.) 2009-10 vide order dated 23.12.2011.
None appeared for and behalf of the assessee-respondent when the appeal was called out for hearing, despite service of notice of hearing, which the ld. Departmental Representative (DR) was also directed to serve separately. At the very outset, it was observed by the Bench that the tax effect of the Revenue’s appeal is below Rs.10 lacs,
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