Loading judgment…
Facts
The Revenue preferred these appeals against the orders of the Ld. Commissioner of Income Tax (Appeals) for AY 2003-04 and 2005-06. The tax effect involved in the appeals was stated to be low.
Held
The Tribunal noted that as per the latest CBDT Circular and considering the low tax effect, the appeals were liable to be dismissed as withdrawn. Liberty was granted to the Revenue to seek recalling of the order under certain conditions.
Key Issues
Whether appeals involving low tax effect, as per CBDT Circular, should be dismissed as withdrawn.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “B”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI PRABHASH SHANKAR
Per : Bench
These appeals have been preferred by the Revenue against the orders dated 29.02.2008 & 09.09.2008, impugned herein, passed by the Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2003-04 & 2005-06 respectively.
The Ld. Counsel of the Assessee Shri Nithesh Joshi has filed computations of tax effects involved in these appeals, and has claimed the tax effect involved in & 6975/M/2008 is respectively of Rs.39,54,065/- and & 6975/M/2008 M/s. Marico Limited Rs.11,39,191/- and there is no exception involved and thus in view of latest CBDT Circular no.09/2024 dated 17-09-2024, these appeals are liable to be dismissed as withdrawn, being involved Low Tax Effect.
The Ld. DR submitted that though tax effect involved appears to be low, however, verification of the aforesaid factual aspects by the AO is needed.
Considering the ‘Low Tax Effect’ involved, as it appears from the computations of tax effect filed by the Assessee, these appeals are liable to be dismissed as withdrawn, however, with a liberty to the Revenue to seek recalling of this order by placing on record the facts, if any contrary, to such claim of the Assessee but not later than 30 days from today.
In the result, the Appeals under consideration filed by the Revenue are dismissed being withdrawn, with the liberty granted above.
Order pronounced in the open court on 22.09.2025.