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

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.

Both the parties before us mutually agreed that this revenue appeal is to be dismissed as not maintainable in view of the recent Circular

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.

Respectfully following the said Circular, the appeal filed by the revenue is 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.

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

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