ACIT CC 39, MUMBAI vs. GANESH A MOKASHE, PUNE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Department's appeal. This was based on the Department's submission that the tax effect was below the monetary limit for appeals, and the CBDT circular on this limit applies retrospectively.
What were the facts?
The Department appealed against the deletion of an addition of ₹16 lakh made under Section 69 for unexplained current liabilities. The assessee did not appear for the hearing.
What were the issues?
Whether the Department's appeal is maintainable before the Tribunal given the low tax effect, as per CBDT circulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI ASHWANI TANEJA
This is an appeal by the Department against the order dated 28th March 2014, passed by the learned Commissioner (Appeals)–41, Mumbai, for the assessment year 2006–07.
The only issue raised by the Department in this appeal pertains to deletion of addition of ` 16 lakh made under section 69 of the Shri Ganesh A. Mokashe 2 Income Tax Act, 1961 (for short "the Act") by the Assessing Officer on account of unexplained current liabilities.
When the case was called for hearing, none appeared on behalf of the assessee. Learned Departmental Representative fairly submitted that tax effect on the amount disputed by the Revenue is below the monetory limit of ` 10 lakh fixed by the CBDT vide Circular no.21 of 2015 dated 10th December 2015, in relation to appeal before the Income Tax Appellate Tribunal. Taking into consideration the aforesaid submission of the learned Departmental Representative and also finding that the CBDT circular under reference applies retrospectively, even to pending appeals, we dismiss the appeal of the Department as not maintainable.
In the result, Revenue’s appeal stands dismissed. Order pronounced in the open Court on 29.01.2016
More judgments on Section 69
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 670/VIZ/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 669/VIZ/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026