DCIT 9(2)(2), MUMBAI vs. ECI TELECOM INDIA P. LTD, MUMBAI

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ITA 3736/MUM/2016Status: DisposedITAT Mumbai24 September 2019AY 2010-113 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 regarding tax effect. The assessee's cross-objection, being supportive of the CIT(A)'s order, was also dismissed.

What were the facts?

The revenue filed an appeal before the ITAT. The assessee filed a cross-objection. Both parties agreed that the revenue's appeal should be dismissed.

What were the issues?

Maintainability of the revenue's appeal based on tax effect and the supportive nature of the assessee's cross-objection.

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, “K”, BENCH

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

For Appellant: Shri Arijit Chakravorthy / Shri
For Respondent: Shri Jayant Kumar & Shri Kiran P, Shri Arijit Chakravorthy / Shri
Hearing: 24/09/2019Pronounced: 24/09/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in Cross Objection No.222/Mum/2016 for A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-56, Mumbai in appeal No.CIT(A)-

1.

CO No.222/Mum/2016 M/s. ECI Telecom India Pvt. Ltd., 56/Trf/2014-15/165-E dated 29/02/2016 (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 31/03/2014 by the Dy. Commissioner of Income Tax – 8(1), Mumbai(hereinafter referred to as ld. AO).

IT(TP)A No.3736/Mum/2016

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 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.

CO No.222/Mum/2016 M/s. ECI Telecom India Pvt. Ltd., CO No.222/Mum/2016 6. The Cross Objection of the assessee is only supportive of the order of the ld. CIT(A).

7.

In the result, the appeal of the Revenue is dismissed as not maintainable and Cross Objection of the assessee is also dismissed.

Order pronounced in the open court on this 24/09/2019

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