ITO WARD 2(1)(1), MUMBAI vs. M/S BALAJI INFRA PROJECTS LTD., MUMBAI

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ITA 1145/MUM/2020Status: DisposedITAT Mumbai15 November 2022AY 2013-143 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 low tax effect and the applicability of CBDT Circular No. 17/2019, which mandates no appeal filing if the tax effect is below Rs. 50 lakhs.

What were the facts?

The revenue filed an appeal against an order passed by the CIT(A). The assessee contended that the tax effect was below Rs. 50 lakhs, making it eligible for dismissal as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the revenue's appeal due to low tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

For Appellant: Shri Chetan M. Kacha, DR
For Respondent: Shri Sujay Waikul.AR
Hearing: 15.11.2022Pronounced: 15.11.2022

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)-4, Mumbai passed u/s 143(3) 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 Balaji Infra Projects Ltd, 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 15.11.2022.

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