ITO, WARD 2(1), THANE vs. ASHOK NAGA KANCHAN, THANE

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ITA 4738/MUM/2014Status: DisposedITAT Mumbai04 December 2015AY 2005-063 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 the appeal was not maintainable due to low tax effect, as per the revised board instruction. Therefore, the appeal filed by the revenue was dismissed.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order for assessment year 2005-06. The appeal was filed after a revised board instruction stipulated that appeals with a tax effect below Rs. 4,00,000/- should not be filed.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the ITAT due to low tax effect, in light of a revised board instruction.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI A.K. GARODIA ,AM

PER A. K. GARODIA, A. M: This appeal by the revenue is directed against the order dated 28/04/2014 of Commissioner of Income Tax (Appeals)-II, Mumbai (Hereinafter called as the CIT(A) for assessment year 2005-06).The revenue has raised following ground of appeal:

1.

On the facts and in the circumstances of the case and in law, the Hon’ble ITAT has set aside the case of Radesh R.Singhania which is included in the issue of loan from the assessee to the level of CIT(A) which was earlier confirmed by the ld. CIT(A) although the addition has been made is on protective basis.

2

3.

At the very outset, a query was raised regarding tax effect in the present case and in reply, it was agreed by the ld. DR that tax effect is below Rs.4,00,000/- because the total addition made by the AO was of Rs.11.80 lakhs only. Thereafter it was pointed out that present appeal filed by the revenue is filed on 11-07-2014 and as per the revised board instruction dated 10-07-2014, no appeal is to be filed by the revenue before the Tribunal where tax effect is below Rs.4,00,000/- and therefore, the present appeal is not maintainable because of low tax effect as per this board instruction and in reply, the ld. DR of the revenue had nothing to say.

4.

I have considered the facts as discussed above and I find that the appeal is not maintainable because of the low tax effect as per revised board instruction dated 10- 07-14 as per which no appeal is to be filed by the revenue before the Tribunal where the tax effect is below Rs.4 lakhs. In the present case, tax effect is below Rs. 4 lakhs and therefore, this appeal is dismissed for low tax effect. In the result, the revenue’s appeal is dismissed.

Order pronounced in the open court on December 04th , 2015 (A.K. GARODIA) लेखा सद"य / Accountant Member मुंबई Mumbai; "दनांक Dated : 04.12.2015 आदेश क" ""त"ल"प अ"े"षत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant

2.

""यथ" / The Respondent 3. आयकर आयु"त(अपील) / The CIT(A) 4. आयकर आयु"त / CIT - concerned

5.

"वभागीय ""त"न"ध, आयकर अपील"य अ"धकरण, मुंबई / DR, ITAT, Mumbai 6. गाड" फाईल / Guard File आदेशानुसार/ BY ORDER,

उप/सहायक पंजीकार (Dy./Asstt.

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