DCIT- CC - 5 (3) (ERSTWHILE DCIT CC- 36 ), MUMBAI vs. GLOBAL SOFTECH LTD., MUMBAI

PDF · subscribers
ITA 6218/MUM/2018Status: DisposedITAT Mumbai04 December 2019AY 2015-162 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 accepted the assessee's contention regarding the low tax effect. Following CBDT Circular No. 17/2019, the Tribunal held that the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2015-16. The assessee's representative submitted that the tax effect was below Rs. 50 lakhs, making the appeal non-maintainable as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect and the applicability of CBDT Circular No. 17/2019.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “G” MUMBAI

Before: SHRI RAJESH KUMAR, HON. & SHRI AMARJIT SINGH, HON.

For Appellant: Shri Jinendra Doshi, CA
For Respondent: Shri V. Vinod Kumar, Sr. DR
Hearing: 04/12/2019

PER RAJESH KUMAR, ACCOUNTANT MEMBER

1.

This is an appeal filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-53, Mumbai, dated 20/08/2018 for the A.Y. 2015-16.

2.

At the outset, ld.AR has submitted that tax effect involved in this appeal is below Rs. 50.00 lakhs and as per the recent CBDT Circular No. 17/2019, dated 08/08/2019, this appeal is not maintainable and prayed for dismissal of the same.

(M/s. Global Softech Ltd.) 3. Ld.DR fairly accepted the contention of the ld.AR.

4.

In view of the statement given by the ld.AR, we find that tax effect involved in this appeal is below Rs. 50.00 lakhs and as per CBDT Circular No. 17/2019, dated 08/08/2019, this appeal is not maintainable, hence, dismissed.

5.

In the result, appeal of the Revenue is dismissed. Order Pronounced in the open Court on 04th December, 2019

Recent GST High Court judgments

Search GST case law →