INCOME TAX OFFICER-3(1)(1), MUMBAI vs. M/S. THE AIR CARGO AGENTS ASSOCIATION OF INDIA, MUMBAI

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ITA 5025/MUM/2019Status: DisposedITAT Mumbai15 February 2021AY 2016-173 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 appeal as not maintainable. This decision was based on a CBDT circular directing withdrawal of appeals where the tax effect is below a certain threshold.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). Both parties agreed that the appeal should be dismissed based on a CBDT circular.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect and the binding nature of the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3)

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

For Appellant: Shri B.V. Jaaveri
For Respondent: Shri Sanjay Sethi, Shri B.V. Jaaveri
Hearing: 15/02/2021Pronounced: 15/02/2021

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

1.

This appeal in A.Y.2016-17 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-8, Mumbai in appeal No.CIT(A)-8/IT-10185/2018-19 dated 23/05/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 20/12/2018 by the ld. Income Tax Officer-3(1)(1), Mumbai (hereinafter referred to as ld. AO).

M/s. The Air Cargo Agents Association of India

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 the open Court on 15/02/2021.

Sd/- Sd/- (PAVAN KUMAR GADALE) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 15/02/2021 KARUNA, sr.ps

M/s. The Air Cargo Agents Association of India

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