ITO 2(1)(1), MUMBAI vs. BALAJI INFRA PROJECTS LTD, MUMBAI

PDF · subscribers
ITA 1066/MUM/2017Status: DisposedITAT Mumbai09 February 2021AY 2012-133 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 Income Tax Appellate Tribunal (ITAT). The assessee is M/s. Balaji Infra Projects Ltd. The appeal pertains to the assessment year 2012-13.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal in light of the CBDT's monetary limit circular for filing appeals.

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 JUSTICE P P BHATT & SHRI M.BALAGANESH, AM

For Appellant: Shri Firoze Andhyarujina
For Respondent: Shri Tharian Oommen, Shri Firoze Andhyarujina
Hearing: 09/02/2021Pronounced: 09/02/2021

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

1.

This appeal in A.Y.2012-13 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-3, Mumbai in appeal No.CIT(A)-3/IT-47/ITO-2(1)(1)/16-17 dated 28/11/2016 (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 30/03/2015 by the ld. Income Tax Officer 2(1)(1) (hereinafter referred to as ld. AO).

M/s. Balaji Infra Projects Ltd.,

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 09/02/2021.

Sd/- Sd/- (JUSTICE P P BHATT) (M.BALAGANESH) PRESIDENT ACCOUNTANT MEMBER Mumbai; Dated 09/02/2021 KARUNA, sr.ps

M/s. Balaji Infra Projects Ltd.,

Recent GST High Court judgments

Search GST case law →