ITO 6 (1)(4), MUMBAI vs. M/S B R PETROCHEM PVT LTD., MUMBAI

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ITA 7037/MUM/2019Status: DisposedITAT Mumbai02 June 2021AY 2009-103 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 ITAT dismissed the Revenue's appeals as not maintainable. This decision was based on a CBDT circular directing withdrawal of appeals where the tax effect is below a certain threshold, which was applicable in this case.

What were the facts?

The Revenue filed appeals before the Income Tax Appellate Tribunal (ITAT) for assessment years 2009-10, 2011-12, and 2012-13. The assessee did not appear for the hearing.

What were the issues?

Whether the Revenue's appeals are maintainable before the ITAT in light of the CBDT's monetary limit for filing appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B‘ BENCH

Before: SHRI M.BALAGANESH & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Oommen Tharian
Hearing: 31/05/2021Pronounced: 02/06/2021

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

1.

These appeals in 7039/Mum/2019 & 7040/Mum/2019 for A.Y.2009-10, 2011-12 & 2012-13 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-12, Mumbai in appeal No.CIT(A)- 12/ITO-6(1)(4)/20/2016-17, CIT(A)-12/ITO-6(1)(4)/A3-6(1)(4)/A3-64/15-16 & CIT(A)-12/ITO-6(1)(4)/A3-6(1)(4)/A3-65/15-16 respectively dated 23/07/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 10/03/2016 & 23/03/2015 respectively by the ld. Income Tax Officer-6(1)(4), Mumbai (hereinafter referred to as ld. AO).

2.

None appeared on behalf of the assessee. We find that these revenue appeals are 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 appeals filed by the revenue are dismissed as not maintainable.

4.

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, 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, appeals filed by the revenue are dismissed as not maintainable.

Order pronounced on 02/06/2021 by way of proper mentioning in the notice board.

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