DCIT - CC -3(2), MUMBAI vs. MANGALKALASH TRADING PVT. LTD., MUMBAI

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ITA 575/MUM/2019Status: DisposedITAT Mumbai28 February 2022AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was based on the CBDT Circular No. 17/2019, which stipulates that appeals with a tax effect below Rs. 50 lakhs should not be filed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). During the hearing, it was noted that the tax effect in the appeal was below Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the appeal due to low tax effect, as per CBDT guidelines.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI LALIET KUMAR

For Respondent: Shri Kishan Vyas, CIT, DR
Hearing: 28/02/2022Pronounced: 28/02/2022

आदेश / O R D E R PER LALIET KUMAR - JM:

1.

The Revenue has filed the appeal against order of CIT(A)-51, Mumbai passed u/s 143(3) r.w.s 153A and 250 of the Income Tax Act, 1961.

2.

At the time of hearing, it was brought to the knowledge of the Bench that, the tax effect in the Mangalkalash Trading P ltd., Mumbai - 2 - appeal is below Rs.50 lakhs, therefore covered by CBDT Circular No. 17/2019. We find 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.

Incase, 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.

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