ACIT (LTU)-2, MUMBAI vs. M/S RELIANCE INDUSTRIAL LTD., MUMBAI

PDF · subscribers
ITA 5687/MUM/2019Status: DisposedITAT Mumbai01 April 2021AY 2018-193 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 held that the appeals were not maintainable due to low tax effect, as per CBDT Circular No. 17/2019. The circular is also applicable to pending cases.

What were the facts?

The revenue filed three appeals before the ITAT against orders of the CIT(A). The tax effect in these appeals was below Rs. 50 lakhs.

What were the issues?

Whether revenue appeals with a tax effect below Rs. 50 lakhs are maintainable before the Tribunal as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 248,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Nimesh Vora, AR
Hearing: 31/03/2021Pronounced: 01/04/2021

O R D E R PER PAVAN KUMAR GADALE, JM:

1.

These three appeals are filed by the revenue against the order separate orders of CIT(A)-57, Mumbai passed u/s 248 and 250 of the Income Tax Act. , 5689 & 5690/Mum/2019 Reliance Industries ltd., Mumbai.

2.

At the time of hearing, it was brought to the knowledge of the Bench that, the tax effect in the 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 appeals 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. , 5689 & 5690/Mum/2019 Reliance Industries ltd., Mumbai. 3. In the result, all the three appeals filed by the revenue are dismissed.

More judgments on Section 248

All 173 judgments and leading authorities on Section 248 →

Recent GST High Court judgments

Search GST case law →