ADIT (I.T) - 2(1), MUMBAI vs. M/S. UPS SUPPLY CHAIN SOLUTIONS / INC., MUMBAI

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ITA 751/MUM/2009Status: DisposedITAT Mumbai07 August 2020AY 2004-20053 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 appeals as not maintainable. This decision was based on a CBDT circular directing withdrawal of appeals where the tax effect is below a certain threshold.

What were the facts?

The Revenue filed appeals before the ITAT against orders of the CIT(A) concerning assessment years 2004-05 and 2005-06. The appeals were against assessment orders passed under Section 143(3) r.w.s. 147 and Section 143(3) of the Income Tax Act.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT in light of a CBDT circular regarding tax effect thresholds for filing appeals.

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, VERTUAL COURT

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

For Appellant: Shri Nitesh Joshi
For Respondent: Shri Avaneesh Tiwari, Shri Nitesh Joshi
Hearing: 07/07/2020Pronounced: 07/07/2020

Heard together (2 matters)

ITA No.751/Mum/2009
ITA No.752/Mum/2009

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R PER C.N. PRASAD (J.M): These appeals in & 752/Mum/2009 for A.Yrs.2004-05 & 2005-06 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-XXXI, Mumbai in appeal Nos. CIT(A) XXXI/ADIT(IT)2(2)/IT-278/07-08/08-09 & CIT(A)XXXI/ADIT(IT)2(2)/IT- 279/07-08/08-09 respectively dated 28/11/2008 (ld. CIT(A) in short)

1.

against the order of assessment passed u/s. 143(3) r.w.s. 147 & 143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) respectively dated 27/12/2007 by the Director of Income Tax (International Taxation), Mumbai (hereinafter referred to as ld. AO).

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 appeals filed by the revenue are 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, appeals filed by the revenue are dismissed as not maintainable. Order pronounced in virtual Court – DB-II on 07/07/2020 Sd/- Sd/- (M.BALAGANESH) (C.N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 07/07/2020 KARUNA, sr.ps Copy of the Order forwarded to : The Appellant 1. The Respondent. 2. The CIT(A), Mumbai. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. 6. //True Copy//

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