DCIT -30(2), MUMBAI vs. MANOJ N. TEKRIWAL, MUMBAI

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ITA 3750/MUM/2015Status: DisposedITAT Mumbai27 August 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 appeal filed by the Revenue. This was done in accordance with a CBDT circular directing withdrawal of appeals where the tax effect is below a certain threshold.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The appeal was filed for the Assessment Year 2010-11.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal, considering a CBDT circular on tax effect thresholds for appeals.

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 Shri Manoj N. Tekriwal

For Appellant: Shri V.P. Mehta
For Respondent: Shri J. Saravanan, Shri V.P. Mehta
Hearing: 27/08/2019Pronounced: 27/08/2019

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)-41, Mumbai in appeal No.CIT(A)-41/IT-134/13-14 dated 09/03/2015 (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 26/03/2013 by the Dy. Commissioner of Income Tax-24(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. In the result, appeal filed by the revenue is dismissed as not maintainable.

Order pronounced in the open court on this 27/08/2019

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