ACIT 20(1), MUMBAI vs. AMITKUMAR V. GUPTA, MUMBAI

PDF · subscribers
ITA 4314/MUM/2015Status: DisposedITAT Mumbai23 December 2015AY 2011-129 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 ITAT held that in view of the CBDT Circular No. 21 of 2015, appeals with a tax effect below Rs. 10 lakhs are not maintainable. Consequently, all the appeals were dismissed as not pressed.

What were the facts?

A batch of 25 appeals filed by the revenue were before the ITAT. The appeals concerned issues where the tax effect was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

The primary issue was whether appeals filed by the revenue with a tax effect below the prescribed monetary limit were maintainable before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 268A(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D / K”, MUMBAI

Before: SHRI AMIT SHUKLA & SHRI RAJESH KUMAR

For Appellant: Shri A K Kardam
3.

The Ld. DR before us has admitted that, in all these appeals, the tax effect on the disputed issue is prima facie is less than Rs. 10 lakhs. However, he submitted that the appeal of the revenue can be dismissed as not pressed in view of the Circular, subject to liberty given to the Department that, in case if it is found by the AO that after the calculation, the tax effect exceeds Rs. 10 lakhs, then the Department is at liberty to file Miscellaneous Application for recalling or restoring of such order.

4.

After considering the aforementioned fact, we find that in all the aforesaid cases, the tax affect on the disputed issue is less than Rs. 10 lakhs and accordingly, in view of the CBDT Circular issued under the terms of section 268A(1), such an appeal is not maintainable and accordingly, all the appeals impugned herein are dismissed as not pressed in terms of the wording of the circulars.

5.

Resultantly, all the appeals filed by the revenue are dismissed as not maintainable.

9 Shri Amitkumar V Gupta 25 others Order pronounced in the open court on 23rd of December, 2015.

Sd/- Sd/- (राजेश कुमार) (अिमत शु�ला) लेखा सद�य �याईक सद�य (RAJESH KUMAR) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Date: 23rd December, 2015 ��त/Copy to:- 1) अपीलाथ� /The Appellant. 2) ��यथ� /The Respondent. 3) The CIT(A) -10/Concerned _____, Mumbai. 4) The Director of Income Tax (IT)–I/CIT____Concerned, Mumbai. 5) िवभागीय �ितिनिध ““डी / के” ”, आयकर अपीलीय अिधकरण, मुंबई/ The D.R. “D / K” Bench, Mumbai. 6) गाड� फाईल \ Copy to Guard File. आदेशानुसार/By Order / / True Copy / /

More judgments on Section 268A(1)

All 190 judgments and leading authorities on Section 268A(1) →

Recent GST High Court judgments

Search GST case law →