ITO 25(3)(4), MUMBAI vs. SUJATA S KORGAONKAR, MUMBAI

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ITA 4522/MUM/2019Status: DisposedITAT Mumbai15 March 2021AY 2008-093 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 agreed with both parties that the appeal was not maintainable. This was based on a CBDT circular directing withdrawal of appeals with a tax effect below Rs. 50,00,000/-.

What were the facts?

The Income Tax Officer appealed against an order of the Commissioner of Income Tax (Appeals). The appeal was filed for the Assessment Year 2008-09.

What were the issues?

Maintainability of the revenue's appeal based on the tax effect and CBDT circulars.

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, ‘E‘ BENCH

Before: SHRI C.N. PRASAD, JM & SHRI M.BALAGANESH, AM Shri Damodar CHSL

For Appellant: Shri Navin Gandhi
For Respondent: Shri Vijay Kumar Menon, Shri Navin Gandhi
Hearing: 15/03/2021Pronounced: 15/03/2021

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

1.

This appeal in A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-37, Mumbai in appeal No.CIT(A)-37/IT-140/ITO-25(3)(4)/2016-17 dated 12/04/2019 (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 29/03/2016 by the ld. Income Tax Officer-25(3)(4), 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 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 15/03/2021.

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