ITO, WARD - 1(1), KALYAN vs. SHRI AJAY RAGHUNATH PATIL, BHIWANDI

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ITA 3688/MUM/2019Status: DisposedITAT Mumbai04 December 20203 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 based on CBDT Circular No. 17/2019, which mandates that no appeal should be filed where the tax effect is below Rs. 50 lakhs. This circular is also applicable to pending cases.

What were the facts?

The Revenue filed an appeal against an order passed by the CIT(A). During the hearing, it was noted that the tax effect in the appeal was below Rs. 50 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI M. BALAGANESH & SHRI PAVAN KUMAR GADALEShri Ajay Raghunath Patil

For Respondent: Shri Sunil Makhija, AR
Hearing: 04/11/2020Pronounced: 04/11/2020

आदेश / O R D E R PER PAVAN KUMAR GADALE - JM:

1.

The Revenue has filed an appeal against the order of CIT(A)-2, Mumbai passed u/s 143(3) r.w.s 147 of the Income Tax Act, 1961.

2.

At the time of hearing, it was brought to the knowledge of the Bench, the tax effect in the appeal is below Rs.50 lakhs, therefore covered by CBDT Circular No. 17/2019. We find as per the CBDT Shri Ajay Raghunath Patil.,Bhiwandi. - 2 - Circular dated 08.08.2019, no appeal shall be filed by the revenue before the 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 appeal on maintainability and low tax effect. 3. 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. 4. In the result, appeal filed by the revenue is dismissed.

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