ITO (IT) 3(1), MUMBAI vs. LALIT KESHAVJI JESRANI, MUMBAI

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ITA 1103/MUM/2014Status: DisposedITAT Mumbai23 February 2016AY 2005-063 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 dismissed the appeal filed by the Revenue. This was based on the CBDT's Circular No. 21/2015, which prescribed a new monetary limit for preferring appeals, and the tax effect in this case was below that limit.

What were the facts?

The Revenue filed an appeal against the deletion of an addition by the CIT(A) for the assessment year 2005-06. The assessee, a 68-year-old NRI from Oman, had not filed a return of income, leading the AO to make an ex-parte assessment.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect and the applicability of CBDT Circular No. 21/2015.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI AMIT SHUKLA, JM & SHRI RAJESH KUMAR, AM

For Appellant: Shri Darsi Suman Ratnam
Hearing: 23.2.2016Pronounced: 23.2.2016

PER RAJESH KUMAR, AM : This is an appeal filed by the revenue against the order dated 24.09.2013 passed by the ld.CIT(A)-10, Mumbai and it relates to the assessment year 2005-06. 2. At the time of hearing, none appeared on behalf of the assessee; therefore, we proceed to decide this appeal ex-parte, without the presence of assessee.

2

3.

We heard the ld. DR and perused the record. The assessee is a 68 year old person and a citizen of Sultanate of Oman. He is a NRI and has settled in Oman since more than 50 years. The assessee did not file return of income for the year under consideration. Therefore, the AO reopened the assessment and made an assessment of the assessee at Rs.13,50,000/-. In the appellate Proceedings, the ld.CIT(A) deleted the addition. Therefore, the revenue has filed this appeal before us.

4.

We find that the quantum in dispute is Rs.13,50,000 lakhs and the tax effect involved therein is less than Rs.10 lakhs. In view of the Circular issued by CBDT bearing No.21/2015 dated 10.12.2015 prescribing new monetary limit of Rs.10.00 lakhs for preferring appeal against the orders passed by Ld CIT(A) before the Tribunal, the revenue is precluded from pursuing this appeal by the revenue, as the said circular has retrospective effect and is applicable to the existing appeals of revenue. Accordingly, we dismiss the same.

5.

In the result the appeal of the revenue stands dismissed.

Order pronounced in the open court on 23rd Feb, 2016 . आदेश की घोषणा खुरे न्मामारम भें ददनांकः 23rd Feb, 2016 को की गई । (AMIT SHUKLA) ( RAJESH KUMAR ) न्मायमक सदस्म / JUDICIAL MEMBER रेखा सदस्म / ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक Dated 23/02/2016 व.यन.स./ SRL , Sr. PS

3 आदेश की प्रनिलऱपऩ अग्रेपषि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. प्रत्मथी / The Respondent. 2. 3. आमकय आमुक्त(अऩीर) / The CIT(A)- 4. आमकय आमुक्त / CIT ववबागीम प्रयतयनधध, आमकय अऩीरीम अधधकयण, भुंफई / DR,

5.

ITAT, Mumbai 6. गार्ड पाईर / Guard file. आदेशधनुसधर/ BY ORDER,उऩ/सहधयक ऩंजीकधर (Dy./Asstt.

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