ACIT-6(2)(2), MUMBAI vs. M/S ETERNITY LIFE STYLES PVT LTD., MUMBAI

PDF · subscribers
ITA 4310/MUM/2019Status: DisposedITAT Mumbai22 April 2021AY 2014-153 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 appeals as not maintainable, following the CBDT circular which mandates withdrawal of appeals with a tax effect below a certain limit.

What were the facts?

The Revenue filed appeals before the ITAT. Both parties agreed that the appeals should be dismissed based on a CBDT circular regarding tax effect thresholds.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to the tax effect being below the threshold specified in a CBDT circular.

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, ‘C‘ BENCH

Before: SHRI M.BALAGANESH & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Reepal Tralshawala
For Respondent: Shri Vijay Kumar Menon, Shri Reepal Tralshawala
Hearing: 22/04/2021Pronounced: 22/04/2021

आदेश / O R D E R PER BENCH:

1.

These appeals in 4312/Mum/2019, 4313/Mum/2019 & 4314/Mum/2019 for A.Yrs.2009-10, 2010-11, 2013-14 & 2014-15 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-12, Mumbai in appeal Nos.CIT(A)-12/DCIT-6(3)(2)/225/2016- 17, CIT(A)-12/DCIT-6(3)(2)/96/2016-17, CIT(A)-12/DCIT- 6(3)(2)/523/2016-17 & CIT(A)-12/DCIT-6(3)(2)/95/2016-17 dated 26/03/2019 & 25/03/2019 respectively (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 & 143(3) respectively of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 15/03/2016, 19/12/2016 & 30/12/2014 by the ld. Asst. Commissioner of Income Tax, Circle-6(2)(2), Mumbai (hereinafter referred to as ld. AO).

2.

Both the parties before us mutually agreed 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 appeals filed by the revenue are 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 Appeals M/s. Eternity Lifestyle P. Ltd., 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 in open Court on 22/04/2021

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →