ACIT 2(1) CITY-2, MUMBAI vs. GODAVARI SUGAR MILLS LTD, MUMBAI

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ITA 5362/MUM/2011Status: DisposedITAT Mumbai28 September 2020AY 2007-083 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 appeals 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 appeals before the ITAT against an order passed by the CIT(A) concerning assessment year 2007-08. Both parties agreed that the appeals should be dismissed.

What were the issues?

Maintainability of Revenue's appeals before the ITAT based on CBDT circular regarding tax effect thresholds.

Which sections of the Income-tax Act were involved?

Section 154

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 Respondent: Shri V. Vinodkumar / Shri Anand
Hearing: 28/09/2020Pronounced: 28/09/2020

आदेश / O R D E R PER M.BALAGANESH, AM:

1.

These appeals in 5363/Mum/2011 for A.Y.2007-08 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-4, Mumbai in appeal No.CIT(A)-4/IT-34/AC.2(1)/2010-11 respectively dated 31/05/2011 (ld. CIT(A) in short) against the order of 5362/Mum/2011 M/s.Somaiya Properties & Inv. Pvt. Ltd., formerly M/s. Godawari Sugar Mills Ltd assessment passed u/s.154 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/12/2009 by the Asst. Commissioner of Income Tax (OSD)-2(1), Mumbai (hereinafter referred to as ld. AO).

2.

Both the parties before us mutually agreed that these revenue appeals are 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 appeals filed by the revenue are 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, appeals filed by the revenue are dismissed as not maintainable.

Order pronounced in open Court on 28/09/2020.

Sd/- Sd/- (JUSTICE P P BHATT) (M.BALAGANESH) PRESIDENT ACCOUNTANT MEMBER Mumbai; Dated 28/09/2020

5362/Mum/2011 M/s.Somaiya Properties & Inv. Pvt. Ltd., formerly M/s. Godawari Sugar Mills Ltd

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