ASST CIT 10(3)(2), MUMBAI vs. POONA GALVANIZERS P.LTD, MUMBAI

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ITA 3485/MUM/2015Status: DisposedITAT Mumbai04 February 2020AY 2010-113 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 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 an appeal before the ITAT against an order of the CIT(A). Both parties agreed that the appeal should be dismissed.

What were the issues?

Maintainability of the Revenue's appeal before the Tribunal based on the tax effect of the disputed issues and a binding CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C”, BENCH

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

For Appellant: Ms. M.K. Patel
For Respondent: Shri V. Vijaykumar, Ms. M.K. Patel
Hearing: 04/02/2020Pronounced: 04/02/2020

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-17, Mumbai in appeal No.CIT(A)-17/IT-161/2013-14 dated 23/03/2015 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 26/03/2013 by the ld. Dy. Commissioner of Income Tax (OSD), Rg.8(1), Mumbai (hereinafter referred to as ld. AO).

1.

M/s. Poona Galvanizers P. Ltd 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 appeal filed by the revenue is 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, appeal filed by the revenue is dismissed as not maintainable.

Order pronounced in the open court on this 04/02/2020

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