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Income Tax Appellate Tribunal, “E”, BENCH
Before: SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM
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.
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
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.
Respectfully following the said Circular, the appeals filed by the revenue are dismissed as not maintainable.
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.
In the result, appeals filed by the revenue are dismissed as not maintainable.
Order pronounced in the open court on this 07/11/2019