INCOME TAX OFFICER 16(3)(5), MUMBAI vs. THAKUR MOHANDAS DOULTANI, MUMBAI

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ITA 4362/MUM/2018Status: DisposedITAT Mumbai20 November 2019AY 2014-153 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 agreed with the parties and dismissed the Revenue's appeal as not maintainable. The dismissal is based on the CBDT circular directing withdrawal of appeals with a tax effect below Rs. 50,00,000/-.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal. Both parties agreed that the appeal should be dismissed based on a CBDT circular regarding the monetary limit for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable given the tax effect and the CBDT circular on monetary limits for 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, “E”, BENCH

Before: SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM Shri Thakur Mohandas Doultani

For Appellant: Shri Sandeep Sheth
For Respondent: Shri Amit Pratap Singh, Shri Sandeep Sheth
Hearing: 20/11/2019Pronounced: 20/11/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-7, Mumbai in appeal No.CIT(A)-7/IT-105/59/2016-17 dated 06/04/2018 (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 28/12/2016 by the Income Tax Officer 16(3)(5), 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 20/11/2019

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