ITO 31(3)(2), MUMBAI vs. RUSTOMJEE OZONE CO OP HOUSING SOCIETY LIMITED, MUMBAI

This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-42, Mumbai in appeal No.CIT(A)-42/IT-200/16-17 dated 27/03/2018 (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 15/12/2016 by the ld. Income Tax Officer – 31(3)(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, appeal filed by the revenue is dismissed as not maintainable.