DCIT, CENTRAL CIRCLE 1(2), MUMBAI vs. M/S. SAUDELA CONSTRUCTION PVT. LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeals as not maintainable. This decision was based on a CBDT circular directing the withdrawal of appeals where the tax effect is below a certain threshold.
What were the facts?
The Revenue filed appeals before the ITAT against the orders of the CIT(A) concerning assessment years 2009-10 and 2010-11. The appeals were filed under Section 153A read with Section 143(3) of the Income Tax Act.
What were the issues?
The primary issue was the maintainability of the Revenue's appeal before the Tribunal in light of a CBDT circular regarding the monetary limit for filing appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE, JM &
आदेश / O R D E R PER M. BALAGANESH (A.M):
These appeals in & 5057/Mum/2019 for A.Y.2009-10 & 2010-11 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-47, Mumbai in appeal No.CIT(A)-47/224 to 229/2016-17 dated 10/05/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.153A r.w.s. 143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 28/03/2016 by the ld. Asst. Commissioner of Income Tax, Central Circle-1(2), Mumbai (hereinafter referred to as ld. AO).
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.
Respectfully following the said Circular, the appeal filed by the revenue is dismissed as not maintainable.
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.
In the result, appeals filed by the revenue are dismissed as not maintainable.
Order pronounced in open Court on 16/02/2021.
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