MAHASUKHLAL L. SHETH,MUMBAI vs. I.T.O. 14(2)(4), MUMBAI

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ITA 4496/MUM/2012Status: DisposedITAT Mumbai03 February 2016AY 2009-20104 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals filed by the Revenue, citing CBDT circular No. 21/2015 which precludes the Revenue from pursuing appeals with a tax effect below Rs. 10 lakhs. The assessee's appeals and cross-objection were also dismissed as they were not pressed.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 2002-03, 2008-09, and 2009-10. The tax effect in these appeals was less than Rs. 10 lakhs.

What were the issues?

Whether the Revenue is precluded from pursuing appeals where the tax effect is below the threshold stipulated by CBDT circulars.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

For Respondent: Shri Naveen Gupta, Shri Keshav B Bhosle
Hearing: 21.1.2016Pronounced: 3.2.2016

Heard together (5 matters)

I.T.A. No.3987/Mum/ 2012
I.T.A. No.3988/Mum/ 2012
I.T.A. No.3625/Mum/ 2012
I.T.A. No.4844/Mum/ 2012
I.T.A. No.4496/Mum/ 2012

Read from the judgment's own cause title. This page is filed under one of them.

These cross-appeals and the cross-objection are directed against the separate orders passed by learned CIT(A)-25, Mumbai for each of the assessment years, i.e., for assessment years 2002-03, 2008-09 and 2009- 10. 2. At the time of hearing, the ld.AR submitted that the tax effect involved in the appeals filed by the Revenue is less than Rs.10 lacs and hence, the Revenue is precluded from pursuing these appeals in view of the circular No.21/2015 dated 10.12.2015 issued by CBDT.

3.

The ld. AR further submitted that the assessee would not press these appeals and cross-objection, if the appeals filed by the Revenue are dismissed by following the above said circular.

4.

The ld. DR did not oppose the submissions made by the ld.AR.

5.

We have gone through the appeals filed by the Revenue and notice that the quantum disputed by the Revenue is as given below:

Assessment Year Amount in dispute(for quantum appeal) in Rs. 2002-03 4,30,626 2008-09 31,03,382 2009-10 12,71,993 Since, the tax effect involved on the above said disputed amount is less than Rs.10 lakhs in each of the assessment years, the Revenue is precluded from pursuing these appeals as per the circular No.21/2015 dated 10.12.2015 issued by CBDT. It is well settled proposition that the circulars issued by the CBDT are binding on the Income Tax Authorities as per the decisions rendered by the Hon’ble Supreme Court in the case of 4 2012 and other five cases. Azadi Bachao Andolan (2003)(177 Taxation 775) and Pradip J Mehta Vs. CIT (2008)(300 ITR 231). Accordingly, we dismiss the appeals filed by the Revenue.

6.

Since the assessee did not press the appeals as well as cross- objection filed by it, they are also dismissed.

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