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Income Tax Appellate Tribunal, “K”, BENCH
Before: SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM
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)-
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
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.
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.
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).
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