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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: SHRI PRAMOD KUMAR & SHRI PAVAN KUMAR GADALE&
आदेश / O R D E R PER PAVAN KUMAR GADALE - JM:
The Revenue has filed the appeal against the order of Commissioner of Income Tax (Appeals)-29, Mumbai passed u/s 143(3) and 250 of the Income Tax Act, 1961and the assessee has filed the Cross Objections.
Co. No.48/Mum/2019 RSBL Jewels, Mumbai - 2 - 2. At the time of hearing, it was brought to the knowledge of the Bench that, the tax effect in the present appeal is below Rs.50 lakhs, therefore covered by CBDT 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 Hon’ble 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 appeals on maintainability and low tax effect.
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. The revenue may prefer miscellaneous application for recalling of this order, if they so desire, in which circumstances, this order shall be recalled by the Hon’ble Tribunal.
Since, the revenue appeal is dismissed in , therefore, the cross objections filed by the assessee becomes infructuous and accordingly the same is dismissed as infructuous.
Co. No.48/Mum/2019 RSBL Jewels, Mumbai - 3 - 5. In the result, the appeal filed by the revenue and the cross objections filed by the assessee are dismissed.
Order pronounced in the open court on 15.12.2020