ITO 24(3)(4), MUMBAI vs. BLUEPLAST UTILITY PRODUCTS, MUMBAI

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ITA 7628/MUM/2010Status: DisposedITAT Mumbai09 February 2016AY 2003-042 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 in view of CBDT Circular No. 21/2015, the Revenue is precluded from pursuing appeals where the tax effect is less than Rs. 10 lakhs. Therefore, the appeal was liable to be dismissed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) which allowed the assessee's claim for deduction under Section 80IB and deleted a penalty levied under Section 271(1)(c). The tax effect involved in both the quantum and penalty proceedings was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per CBDT circular, irrespective of the merits of the quantum and penalty proceedings.

Which sections of the Income-tax Act were involved?

Section 80IB,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

For Appellant: Shri Prakash L Pathade
Hearing: 9.12.2015

स्थधमी रेखध सं./जीआइआय सं./PAN. :AADFB0383N अऩीरधथी ओय से / Appellant by Shri Prakash L Pathade प्रत्मथी की ओय से/ Respondent by Shri M N Vaishav सुनवधई की तधयीख / Date of Hearing : 9.12.2015 घोषणध की तधयीख /Date of Pronouncement: 9. 2.2016 आदेश / O R D E R Per B R Baskaran, AM:

The Revenue has filed this appeal. There is a confusion as to whether the appeal has been filed in the quantum assessment proceedings or in the penalty appeal proceedings. We notice that the dispute involved in quantum appeal relates to the deduction of Rs.15.04 lakhs claimed by the assessee u/s 80IB of the Act. The ld. CIT(A) had allowed the said claim. The penalty of Rs.5,89,528/- levied by the AO u/s 271(1)(c) of the Act has been deleted by the ld.CIT(A). Hence the revenue might be aggrieved by the order(s) passed by Ld CIT(A) both in quantum assessment proceedings as well as the penalty proceedings.

2.

However we notice that the tax effect involved in the relief granted by Ld CIT(A) both under quantum assessment proceedings as well as penalty proceedings does not exceed Rs.10 lakhs. Hence, in view of the Circular issued by CBDT bearing No.21/2015 dated 10.12.2015, the revenue is precluded from pursuing the appeal before the Tribunal, when the tax effect involved therein is less than Rs.10 lakhs. Accordingly, the impugned appeal is liable to be dismissed in limine, which ever may be the case, in view of the low tax effect. We order accordingly.

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