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Income Tax Appellate Tribunal, VERTUAL COURT
Before: SHRI C.N. PRASAD, JM & SHRI M.BALAGANESH,AM &
आदेश / O R D E R PER M. BALAGANESH (AM) This appeal in 09 for A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-3, Mumbai in appeal No.CIT(A)-3/Addl.CIT(E)-II/IT-10530/2017-18 dated 01/03/2018 (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) respectively dated 14/03/2014 by the Addl. Director of Income Tax (Exemptions)-Range-II, Mumbai (hereinafter referred to as ld. AO).
M/s. G.D.Birla Medical Research & Education Foundation
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.
Order pronounced on 27/07/2020 by way of proper mentioning in the notice board.
Sd/- Sd/- (C.N. PRASAD) (M.BALAGANESH ) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 27/07/2020 KARUNA, sr.ps
M/s. G.D.Birla Medical Research & Education Foundation