ITO WD 22(3)4, NAVI MUMBAI vs. VAIBHAV D WARKAR, NAVI MUMBAI

PDF · subscribers
ITA 4957/MUM/2013Status: DisposedITAT Mumbai22 February 2016AY 2007-084 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 noted that the tax effect was below Rs. 10 lakhs and, in view of CBDT Circular No. 21/2015, such appeals should not be filed or should be withdrawn. The circular is applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition made by the Assessing Officer. The assessee's representative pointed out that the tax effect was below Rs. 10 lakhs.

What were the issues?

Whether the appeal is maintainable given the tax effect and CBDT circulars. The revenue's grounds for appeal regarding the deletion of addition by CIT(A) were not considered due to the procedural issue.

Which sections of the Income-tax Act were involved?

Section 145(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI JASON P. BOAZ, AM & SHRI SANDEEP GOSAIN, JM

For Appellant: Shri Prakash Pandit

आदेश / O R D E R Per Sandeep Gosain, J. M.: This appeal by the revenue is directed against the order dated 01.04.2013 of Commissioner of Income Tax (Appeals)-19, Mumbai (hereinafter called as the CIT(A) ) for assessment year 2007-08.

1.

“On the facts and circumstances of the case, and law the Ld. CIT(A) erred in deleing the addition made by the AO of Rs.16,95,361/- holding that the addition made is unwarranted.

2. On the facts and circumstances of the case, Ld. CIT(A) failed to appreciate the facts of the case and the objective behind the addition made by the AO by invoking the provisions of section 145(3) of the IT Act, 1961. 3. The appellant prays that the order of ld. CIT(A) on the above grounds be reversed and that of the Assessing Officer be restored.”

2.

At the outset the ld. AR of the assessee pointed out that the tax effect in this appeal is below Rs.10.00 lakhs and further submitted that in view of the CBDT Circular No.21/2015, dated 10.12.2015 brought out by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance , Government of India, the appeal was not maintainable and be dismissed. The ld. DR also agreed to the submission of the ld. AR.

3.

We have heard the rival submissions and perused the material on record. We find from the records before us that the tax involved in the disputed issue is below Rs.10 Lacs and therefore, in view of the circular no 21/2015 dated 10th December, 2015 no appeals should be filed by the Revenue before the Tribunal which has tax effect of Rs. 10.00 lacs or less and this circular is also applicable retrospectively to all pending appeals. The relevant extract the said CBDT Circular (Supra) is as under:- “This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

4.

Considering the above, the appeal filed by the Revenue, is therefore dismissed.

In the result, the appeal of the Revenue is dismissed.

More judgments on Section 145(3)

All 3,640 judgments and leading authorities on Section 145(3) →

Recent GST High Court judgments

Search GST case law →