ACIT 26(1), MUMBAI vs. ANAND M SHETTY, MUMBAI

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ITA 874/MUM/2020Status: DisposedITAT Mumbai17 August 2021AY 2010-113 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 as not maintainable, following a CBDT circular directing withdrawal of appeals with a tax effect below Rs. 50,00,000/-. The Tribunal noted that the circular is binding on revenue authorities.

What were the facts?

The Revenue filed an appeal before the ITAT against an order imposing penalty under Section 271(1)(c). The Revenue's representative stated that the appeal should be dismissed as not maintainable.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal in light of the CBDT's monetary limit circular for filing appeals.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A‘ BENCH

Before: SHRI M.BALAGANESH & SHRI AMARJIT SINGHShri Anand M Shetty

For Appellant: Shri Brajendra Kumar
Hearing: 17/08/2021Pronounced: 17/08/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-40, Mumbai in appeal No.CIT(A), Mumbai-40/10539/2016-17 dated 28/11/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).

2.

None appeared on behalf of assessee. We have heard ld. DR and he stated that that this revenue appeal is to be dismissed as not maintainable in view of the recent Circular issued by the CBDT dated 08/08/2019 wherein the revenue has been directed to withdraw the appeal preferred by it before the Tribunal if the tax effect on the disputed issues is less than or equal to Rs.50,00,000/-. It is well settled that this Circular is binding on the revenue authorities.

3.

Respectfully following the said Circular, the appeal filed by the revenue is dismissed as not maintainable.

4.

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, then the revenue may prefer miscellaneous application for recalling of this order, if they so desire, in which circumstance this order shall be recalled by this Tribunal.

5.

In the result, appeal filed by the revenue is dismissed as not maintainable.

Order pronounced in open Court on 17/08/2021.

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