DCIT (E)-1(1), MUMBAI vs. G.D. BIRLA MEDICAL RESEARCH & EDUCATION FOUNDATION, MUMBAI

PDF · subscribers
ITA 4348/MUM/2018Status: DisposedITAT Mumbai27 July 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 dismissed the Revenue's appeal as not maintainable. This decision was made in accordance with the binding CBDT circular regarding the monetary limit for filing appeals.

What were the facts?

The Revenue filed an appeal before the ITAT. Both parties agreed that the appeal should be dismissed as not maintainable. This was based on a CBDT circular directing withdrawal of appeals where the tax effect is below a certain threshold.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect and a binding CBDT circular.

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, VERTUAL COURT

Before: SHRI C.N. PRASAD, JM & SHRI M.BALAGANESH,AM &

For Appellant: Shri Ronak Doshi
For Respondent: Shri V.Vinod Kumar, Shri Ronak Doshi
Hearing: 27/07/2020Pronounced: 27/07/2020

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

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 on 27/07/2020 by way of proper mentioning in the notice board.

1.

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

Recent GST High Court judgments

Search GST case law →