ACIT 12(2), MUMBAI vs. L & T HOCHTIEF SEABIRD JOINT VENTURE, MUMBAI

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ITA 5050/MUM/2012Status: DisposedITAT Mumbai10 October 2019AY 2006-073 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, following a CBDT circular that directs withdrawal of appeals with a tax effect below Rs. 50,00,000/-.

What were the facts?

The Revenue filed an appeal before the ITAT against an order imposing penalty under Section 271(1)(c). Both parties agreed that the appeal should be dismissed based on a recent CBDT circular.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “L”, BENCH

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

For Appellant: Ms. Heena Doshi
For Respondent: Ms. Neha Thakur, Ms. Heena Doshi
Hearing: 10/10/2019Pronounced: 10/10/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2006-07 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-23, Mumbai in appeal No.CIT(A)-23/ACIT-12(2)/IT-37/2011-12 dated 14/05/2012 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961.

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

1.

M/s. L & T Hochtief Seabird Joint Venture 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 10/10/2019

Sd/- Sd/- (AMARJIT SINGH) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 10/10/2019 KARUNA, sr.ps

M/s. L & T Hochtief Seabird Joint Venture

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