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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE
28/09/2020 सुनवाई क� तार�ख / Date of Hearing घोषणा क� तार�ख /Date of Pronouncement 29/09/2020 आदेश / O R D E R PER PAVAN KUMAR GADALE - JM:
The Revenue has filed an appeal against the order of CIT(A)-16, Mumbai passed u/s 271(1)(c) and 250 of the Income Tax Act, 1961.
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
Canbara Industries Pvt Ltd., Mumbai. - 2 - 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 Tribunal where the tax effect is below Rs. 50 lakhs. In the present case, the A.O has levied penalty u/s 271(1)(c) of the Act vide order dated 24-03-2017 of Rs.6,95,600/-, which is not disputed and the Ld CIT(A) has granted the relief. 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.
In the result, appeal filed by the revenue is dismissed.
Canbara Industries Pvt Ltd., Mumbai. - 3 -
Order pronounced in the open court on 29.09.2020