ACIT 16(3), MUMBAI vs. TWINKLE DIAMONDS, MUMBAI

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ITA 3315/MUM/2013Status: DisposedITAT Mumbai12 December 2022AY 2008-093 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 dismissed the revenue's appeal based on the CBDT circular regarding low tax effect. The circular states that no appeal should be filed by the revenue if the tax effect is below Rs. 50 lakhs, and this applies to pending cases as well.

What were the facts?

The revenue filed an appeal against an order passed by the Commissioner of Income Tax (Appeals). The assessee argued that the tax effect was below Rs. 50 lakhs, making it ineligible for appeal as per CBDT circular.

What were the issues?

Whether the revenue's appeal is maintainable given the low tax effect as per CBDT circular. Applicability of CBDT circular to pending appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “J” BENCH, MUMBAI

Before: SHRI PRASHANT MAHARISHI & SHRI PAVAN KUMAR GADALE

Hearing: 20.10.2022Pronounced: 28.10.2022

�थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAAFT1133F Appellant .. Respondent Appellant by : Shri.Rignesh Das.DR Respondent by : Shri.Mitesh Mehta.AR Date of Hearing 20.10.2022 Date of Pronouncement 28.10.2022 आदेश / O R D E R

PER PAVAN KUMAR GADALE JM:

1.

The revenue has filed the appeal against the order passed by the Commissioner of Income Tax (Appeals)-15, Mumbai passed u/s 143(3) r.w.s 144C and 250 of the Act.

2.

At the time of hearing, the Ld.AR of the assessee submitted that the tax effect in the appeal is below Rs.50 lakhs and is covered by the CBDT Circular No. 17/2019 dated 08.08.2019.The Ld.DR has accepted the low tax effect aspects and applicability of CBDT circular. We find

M/s Twinkle Diamonds, Mumbai. - 2 - as per the CBDT Circular dated 08.08.2019, no appeal shall be filed by the revenue before the Hon’ble Tribunal where the tax effect is below Rs 50 lakhs. Further the circular of the CBDT is also applicable to the pending cases. Accordingly, we dismiss the revenue appeal on maintainability and low tax effect.

3.

In case, if the revenue is able to provide evidence that the case falls under any of the exceptions provided in the circular issued by the CBDT. The revenue may prefer miscellaneous application for recalling of this order, if they so desire, in which circumstances, this order shall be recalled by the Hon’ble Tribunal.

4.

In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 28.10.2022.

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