ASST CIT CIR 3, KALYAN vs. SAGAR SAI ENTERPRISES, MUMBAI

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ITA 3057/MUM/2014Status: DisposedITAT Mumbai09 May 2016AY 2009-102 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 held that the appeal was not maintainable as it did not meet the monetary limit prescribed by the CBDT for appeals to the Appellate Tribunal. Therefore, the appeal was dismissed as incompetent.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2009-10. 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 considering the prescribed monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI SANJAY ARORA, AM & SHRI PAWAN SINGH, JM

For Appellant: Shri Abhishek Meshram, Shri Jayant Bhatt
For Respondent: Shri Jayant Bhatt

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)-I, Mumbai (‘CIT(A)’ for short) dated 08.1.2014, 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 30.11.2011.

2.

At the very outset, it was submitted by the ld. Authorized Representative (AR), the assessee’s counsel, Shri Jayant Bhatt (showing the tax impact of the instant appeal to be at Rs.7,18,498/-), that the tax effect of the Revenue’s appeal is below Rs.10 lacs,

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