ACIT 6(2)(1), MUMBAI vs. CPEC LTD, MUMBAI

PDF · subscribers
ITA 7672/MUM/2016Status: DisposedITAT Mumbai29 September 2020AY 2011-123 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 appeal was not maintainable due to low tax effect, as per CBDT Circular No. 17/2019. The circular is applicable to pending cases as well.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). The tax effect in the appeal was below Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the threshold specified by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

आदेश / O R D E R PER PAVAN KUMAR GADALE - JM:

1.

The Revenue has filed an appeal against the order of CIT(A)-12, Mumbai passed u/s 143(3) r.w.s 147 of the Income Tax Act, 1961.

2.

At the time of hearing, it was brought to the knowledge of the Bench, the tax effect in the appeal is below Rs.50 lakhs,therefore covered by CBDT CPEC Ltd., Mumbai. - 2 - Circular No. 17/2019. We find as per the CBDT Circular dated 08.08.2019, no appeal shall be filed by the revenue before the Tribunal where the tax effect is below Rs 50 lakhs. Further the circular of the CBDT is also applicable to the pending cases. Accordingly, we dismiss the revenue appeal on maintainability and low tax effect.

3.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. 4. In the result, appeal filed by the revenue is dismissed.

Order pronounced in the open court on 29.09.2020

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →