ACIT CEN CIR 1(2), MUMBAI vs. TOUCHSTONE, MUMBAI

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ITA 1083/MUM/2016Status: DisposedITAT Mumbai11 September 2019AY 2011-123 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 directing withdrawal of appeals with a tax effect below a certain threshold. The Tribunal noted that the appeal could be recalled if the Revenue provided evidence of exceptions to the circular.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee was not represented. Both parties agreed that the appeal should be dismissed as not maintainable.

What were the issues?

Maintainability of the Revenue's appeal based on a CBDT circular regarding tax effect.

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, “E”, BENCH

Before: SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD, JM

For Respondent: Shri Ritesh Mishra
Hearing: 11/09/2019Pronounced: 11/09/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-47, Mumbai in appeal No.CIT(A)-36/AP-217/14-15 dated 30/12/2015 (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 30/03/2014 by the Asst. Commissioner of Income Tax, Central Circle-2, Mumbai (hereinafter referred to as ld. AO).

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.

Order pronounced in the open court on this 11/09/2019

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