M/S.D.B.INFRATECH, MUMBAI vs. M/S.D.B.INFRATECH, MUMBAI

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ITA 4195/MUM/2018Status: DisposedITAT Mumbai28 August 2019AY 2014-153 pages
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 Rs. 50,00,000/-.

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 CBDT circular.

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, “D”, BENCH

Before: SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM

For Appellant: Shri Ajay Singh
For Respondent: Shri J. Saravanan, Shri Ajay Singh
Hearing: 29/08/2019Pronounced: 29/08/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-45, Mumbai in appeal No.CIT(A)-45/AC-32(1)/ITA-79/2017-18 dated 23/03/2018 (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 29/09/2016 by the Asst. Commissioner of Income Tax-32(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. In the result, appeal filed by the revenue is dismissed as not maintainable.

Order pronounced in the open court on this 29/08/2019

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