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2019 (4) TMI 828 - ITAT VISAKHAPATNAMMonetary limit - Low tax effect - disallowance u/s 40A(3) - HELD THAT:- As per Circular No.21/2015 dated 10.12.2015, no appeal required to be filed before the ITAT, if the tax effect is below ₹ 10 lakhs. In the instant case, both the parties had agreed that the tax effect was less than ₹ 10 lakhs. Accordingly, the appeal was disposed off as not maintainable. Against the order of this Tribunal, the AO filed Miscellaneous Application u/s 254(2) of the Income Tax Act, 1961 requesting to decide the case on merits on the issue of disallowance u/s 40A(3) of the Act. The department did not make out a case of exception as provided in the Circular 21/2015 dated 10.12.2015. Therefore, we hold that there is no mistake in the order of the ITAT which needs modification or rectification. Hence, the miscellaneous Application filed by the revenue is dismissed.
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