DCIT 4 (3)(1), MUMBAI vs. QUEST PROFIN ADVISORS PVT LTD., MUMBAI

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ITA 6728/MUM/2019Status: DisposedITAT Mumbai31 May 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 Tribunal dismissed the Revenue's appeal, citing CBDT Circular No. 17/2019 which mandates that no appeal should be filed where the tax effect is below Rs. 50 lakhs. This circular is also applicable to pending cases.

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 147,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI S RIFAUR RAHMAN & SHRI PAVAN KUMAR GADALE

Hearing: 18/05/2021Pronounced: 24/05/2021

आदेश / O R D E R PER PAVAN KUMAR GADALE - JM:

1.

The Revenue has filed the appeal against order of CIT(A)-9, Mumbai passed u/s 143(3) r.w.s 147 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 Quest Profin Advisors Pvt 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.

4.In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 24.05.2021

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