DCIT,CC- 2(4), MUMBAI vs. SHRUTI ART PVT. LTD., MUMBAI

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ITA 2644/MUM/2016Status: DisposedITAT Mumbai07 November 2019AY 2004-053 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 the withdrawal of appeals where the tax effect is Rs. 50,00,000 or less.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A) concerning assessment years 2004-05, 2005-06, 2006-07, and 2008-09. The disputed additions in these appeals had tax effects ranging from Rs. 27,68,541 to Rs. 49,25,960.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E”, BENCH

Before: SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM

For Appellant: Shri Viraj Mehta
For Respondent: Shri Manjunatha Swami, Shri Viraj Mehta
Hearing: 07/11/2019Pronounced: 07/11/2019

Heard together (2 matters)

ITA No.2645/Mum/2016
ITA No.2648/Mum/2016

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

आदेश / O R D E R PER BENCH: These appeals in 2645/Mum/2016, 2646/Mum/2016 & 2648/Mum/2016 for A.Yrs.2004-05, 2005-06, 2006-07 & 2008-09 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-48, Mumbai in appeal No.CIT(A)-48/IT-460/DCCC-14/2013-14, CIT(A)-48/IT-461/DCCC-14/2013-14, CIT(A)-48/IT-462/DCCC-14/2013-14 & CIT(A)-48/IT-464/DCCC-14/2013-14 respectively dated 28/01/2016(ld.

M/s. Shruti Art Pvt. Ltd.

1.

CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 28/03/2013 by the ld. Dy. Commissioner of Income Tax, Mumbai (hereinafter referred to as ld. AO).

A.Y. Disputed Addition Tax Effect 2004-05 77,16,112 27,68,541 2005-06 71,49,647 26,16,771 2006-07 1,27,27,583 42,84,104 2008-09 1,44,92,381 49,25,960

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 appeals preferred by them 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.

M/s. Shruti Art Pvt. Ltd.

5.

In the result, appeals filed by the revenue are dismissed as not maintainable.

Order pronounced in the open court on this 07/11/2019

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