ADIT (IT) 2(2), MUMBAI vs. UPS SUPPLY CHAIN SOLUTIONS INC. USA, MUMBAI

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ITA 1213/MUM/2010Status: DisposedITAT Mumbai03 March 2021AY 2006-073 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 revenue's appeal was not maintainable due to the low tax effect, as per the CBDT Circular No. 17/2019. Liberty was granted to the revenue to seek recall if exceptions apply or the tax effect exceeds the limit.

What were the facts?

The revenue filed an appeal against the order of the first appellate authority for Assessment Year 2006-07. The tax effect of the disputed additions was below the prescribed threshold limit.

What were the issues?

The primary issue was the maintainability of the revenue's appeal based on the tax effect of the disputed additions in light of CBDT circulars.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Nitesh Joshi -Ld.AR
For Respondent: Shri Vijay Kumar Subramaniyam -
Hearing: 03/03/2021

Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by revenue for Assessment Year (AY) 2006-07 contests the order of learned first appellate authority on certain grounds of appeal.

2 M/s. UPS Supply Chain SolutionS Inc. USA Assessment Year: 2006-07

2.

The Ld. AR, Shri Nitesh Joshi, at the outset, submitted that tax effect of quantum additions under dispute by revenue is below prescribed threshold limit of Rs.50 Lacs and therefore, the revenue’s appeal is not maintainable in terms of latest low tax effect CBDT Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.). In support, our attention has been drawn to the impugned order. The Ld. DR could not point out any exception to controvert the plea raised by Ld. AR.

3.

After going through material on record, we find that the tax effect of quantum additions under dispute is below threshold monetary limit of Rs.50 Lacs and therefore, the appeal is not maintainable in terms of recently issued low tax effect Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.) issued by CBDT. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. In view of the same, the appeals are not maintainable.

4.

At the same time, a liberty is given to revenue to seek recall of the appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect in the appeal exceeds the prescribed monetary limit.

5.

Resultantly, the appeal stands dismissed. Order pronounced in the open court on 03rd March, 2021. (Mahavir Singh) (Manoj Kumar Aggarwal) उपा"" / Vice President लेखा सद" / Accountant Member

3 M/s. UPS Supply Chain SolutionS Inc. USA Assessment Year: 2006-07 मुंबई Mumbai; िदनांक Dated : 03/03/2021 Sr.PS, Jaisy Varghese

आदेशकी"ितिलिपअ"ेिषत/Copy of the Order forwarded to : अपीलाथ"/ The Appellant

1.

""थ"/ The Respondent 2. आयकरआयु"(अपील) / The CIT(A) 3. आयकरआयु"/ CIT– concerned 4. िवभागीय"ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड"फाईल / Guard File 6. आदेशानुसार/ BY ORDER,

उप/सहायक पंजीकार (Dy./Asstt.

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