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

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.

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.

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.

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

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