ACIT 2(1) CITY-2, MUMBAI vs. GODAVARI SUGAR MILLS LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
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?
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
आदेश / O R D E R PER M.BALAGANESH, AM:
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).
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.
Respectfully following the said Circular, the appeals filed by the revenue are 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, 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
More judgments on Section 154
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- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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