ACIT-27(3), MUMBAI vs. SMT.SOSARDEVI GANESHLAL KACHHARA, MUMBAI

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ITA 4411/MUM/2018Status: DisposedITAT Mumbai17 November 2020AY 2008-093 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 mutual agreement between the parties to follow a CBDT circular directing withdrawal of appeals with a tax effect below Rs. 50,00,000.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A) concerning assessment years 2008-09 and 2009-10. The appeals arose from assessment orders passed under Section 143(3) read with Section 147 of the Income Tax Act.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the Tribunal 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, VIRTUAL COURT

For Respondent: Shri T.S. Khalsa, Sr.AR
Hearing: 17/11/2020Pronounced: 17/11/2020

(Assessment Year : 2008-09) & (Assessment Year : 2009-10) Assistant Commissioner of Vs. M/s. Sosardevi Ganeshlal Income Tax-27(3), Kachhara Mumbai 903, Kailash Towers R.No.423, 4th Floor Vallabh Baug Lane Tower No.6, Vashi Railway Ghatkopar (E) Station, Vashi Mumbai – 400 077 Navi Mumbai – 400 703 PAN/GIR No.AGPPK2410B (Appellant) .. (Respondent) Revenue by Shri T.S. Khalsa, Sr.AR Assessee by None Date of Hearing 17/11/2020 Date of Pronouncement 17/11/2020 आदेश / O R D E R PER M. BALAGANESH (A.M):

These appeals in ITA N.4412/Mum/2018 for A.Y.2008-09 & 2009-10 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-25, Mumbai in appeal No.CIT(A)-25/IT-91,90/2015-16

Smt. Sosardevi Ganeshlal Kachhara & CIT(A)-25/IT-427,428 & 429/16-17 dated 04/04/2018 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 04/04/2018 by the ld. ACIT-27(3), Mumbai (hereinafter referred to as ld. AO).

2.

Both the parties before us mutually agreed that these revenue appeals are 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 cases fall 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 on 17/11/2020 by way of proper mentioning in the notice board.

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