DCIT - 3(1)(1), MUMBAI vs. APPLICOMP (INDIA) LTD., MUMBAI

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ITA 3401/MUM/2018Status: DisposedITAT Mumbai09 December 2019AY 2013-143 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 ITAT held that the appeal filed by the Revenue was not maintainable. The tribunal followed the CBDT circular which mandates the withdrawal of appeals with a tax effect of Rs. 50,00,000/- or less.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT). Both parties agreed that the appeal should be dismissed based on a CBDT circular. The circular directs the withdrawal of appeals if the tax effect is below a certain threshold.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect and the binding CBDT circular. The tribunal considered the applicability of the CBDT circular on withdrawal of 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, “A”, BENCH

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

For Respondent: Shri S. Michael Jerald
Hearing: 09/12/2019Pronounced: 09/12/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2013-14 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-8, Mumbai in appeal No.CIT(A)-8/IT-192/16-17 dated 28/04/2016 (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 19/03/2016 by the Asst. Commissioner of Income Tax, Circle- 3(1)(1) (hereinafter referred to as ld. AO).

2.

Both the parties before us mut`ually 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 09/12/2019

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