DEPUTY COMMISSIONER OF INCOME TAX CC-3(4), CENTRAL RANGE-3, MUMBAI vs. SHRI NILESH V KIKAVAT, MUMBAI

PDF · subscribers
ITA 1583/MUM/2018Status: DisposedITAT Mumbai04 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 thresholds for appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). Both parties agreed that the appeal should be dismissed.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B”, BENCH

Before: SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM Shri Nilesh V Kikavat

For Appellant: Shri Rohan Deshpande
For Respondent: Ms. N. Hemalatha, Shri Rohan Deshpande
Hearing: 22/08/2019Pronounced: 04/09/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y. 2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-51, Mumbai in appeal No.CIT(A)-51/IT-142/DCIT CC3(4)/2016-17 dated 13/12/2017 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/03/2016 by the Dy. Commissioner of Income Tax, Central Circle – 3(4), 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

More judgments on Section 153A

All 18,957 judgments and leading authorities on Section 153A →

Recent GST High Court judgments

Search GST case law →