ITO 12(1)(3), MUMBAI vs. BHADRASEN V. THAKKAR, MUMBAI

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ITA 7654/MUM/2013Status: DisposedITAT Mumbai03 February 2016AY 2007-082 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 Revenue's appeal as the tax effect was below the prescribed monetary limit. The assessee also withdrew their cross-objection.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee pointed out that the tax effect in the appeal was below the monetary limit set by a Revenue circular for filing appeals. The Revenue's representative accepted this fact.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per the departmental circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “B”, MUMBAI

Before: SHRI B.R.BASKARAN & SHRI PAWAN SINGH

For Appellant: Shri Dinesh R. Shah(AR)
For Respondent: Shri Sachchidanand Dube (DR), Shri Dinesh R. Shah(AR)
Hearing: 01.02.2016Pronounced: 03.02.2016

O R D E R

PER PAWAN SINGH, JM:

1.

The present appeal is filed by the Revenue challenging the order of CIT(A)-10, Mumbai dated 28.08.2013 in respect of Assessment Year (AY) 2007-08 and the assessee filed Cross Objection (C.O.).

2 Mr. Bhadrasen V. Thakkar 2. At the start of hearing of the appeal, the assessee brought to our notice tax effect in the present appeal is below to Rs. 10,00,000/- and the Revenue is precluded for pursuing the present appeal by virtue of Circular No. 21/2015(F.No.142/2007-ITJ (Pt.) dated 10th December, 2015 restricting the monetary limit of revenue for filing appeal before various forum of law, wherein the monetary limit for about the tax effect for filing appeal before the ITAT must be below of Rs. 10,00,000/-.

3.

Ld. Authorised Representative (AR) of the assessee has filed the calculation of tax effect, which was shown to the Ld. Departmental Representative (DR) for the Revenue and Ld. D R of the Revenue fairly accepted that tax effect is below to Rs. 10,00,000/-. In view of the above circumstances, the appeal filed by the Revenue is dismissed.

4.

The AR of the assessee made the statement that the assessee is not pressing the C.O.filed by him in view of the fact that the appeal filed by the Revenue has been dismissed, hence, the C.O. filed by the assessee is also dismissed as withdrawn.

5.

In the result, appeal filed by the Revenue as well as C.O. filed by the assessee is dismissed.

Order pronounced in the open court on this 3rd February, 2016.

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