DCIT 10(1), MUMBAI vs. MAHARASHTRA STATE ELECTRICITY TRANMISSION CO. LTD, MUMBAI

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ITA 6472/MUM/2013Status: DisposedITAT Mumbai04 September 2019AY 2009-103 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. This decision was made in accordance with the binding CBDT circular regarding tax effect thresholds for appeals.

What were the facts?

The Revenue filed an appeal before the ITAT. Both parties agreed that the appeal should be dismissed as not maintainable. This was based on a CBDT circular directing withdrawal of appeals with a tax effect below Rs. 50,00,000.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT, considering the tax effect of the disputed issues and the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3)(ii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B”, BENCH

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

For Appellant: Ms. I.A. Singh
For Respondent: Ms. N. Hemalatha, Ms. I.A. Singh
Hearing: 21/08/2019Pronounced: 04/09/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y. 2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-21, Mumbai in appeal No.CIT(A)21/IT/471/2011-12 dated 27/08/2013 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)(ii) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/12/2011 by the ld. Dy. Commissioner of Income Tax (OSD), Range- 10(1), 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 04/09/2019

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