DCIT 33(2), MUMBAI vs. MAHENDRA NARAYAN RAJU, MUMBAI

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ITA 6459/MUM/2018Status: DisposedITAT Mumbai15 January 2020AY 2013-143 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 ITAT held that the appeal filed by the Revenue was not maintainable. The Tribunal followed a CBDT circular directing the withdrawal of appeals where the tax effect is below a certain limit.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT). Both parties agreed that the appeal should be dismissed based on a CBDT circular regarding tax effect thresholds.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT in light of a CBDT circular concerning the monetary limit for filing appeals.

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, “D”, BENCH

For Appellant: Shri Ravindra Poojary
For Respondent: Shri Kamal Mangal, Shri Ravindra Poojary
Hearing: 13/01/2020Pronounced: 15/01/2020

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2013-14 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-45, Mumbai in appeal No.CIT(A)-45/ACIT-33(3)/ITA-123/2016-17 dated 23/07/2018 (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 15/03/2016 by the ld. Asst. Commissioner of Income Tax-33(2), 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 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 15/01/2020

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