DCIT CIR 2, KALYAN vs. RAMESH P. BUDHWANI, ULHASNAGAR

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ITA 6209/MUM/2016Status: DisposedITAT Mumbai26 August 2019AY 2008-093 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 appeals as not maintainable. This decision was based on a mutual agreement between both parties to follow a CBDT circular directing withdrawal of appeals with a tax effect below Rs. 50,00,000/-.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A) concerning assessment years 2008-09 to 2012-13. The appeals were filed against assessment orders passed under various sections of the Income Tax Act.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the Tribunal in light of a CBDT circular regarding tax effect thresholds for appeals.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,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 J. Saravanan
For Respondent: Shri Bhavya Goyal, Shri J. Saravanan
Hearing: 26/08/2019Pronounced: 26/08/2019

आदेश / O R D E R PER M. BALAGANESH (A.M): These appeals in 6210/Mum/2016, 6211/Mum/2016 & 6212/Mum/2016 for A.Yrs. 2008-09,2009-10,2010-

1.

2 ITA N. 6209/Mum/2016 to 6212/Mum/2016 Shri Ramesh P. Budhwani 2011 & 2012-13 respectively arise out of the order by the ld. Commissioner of Income Tax (Appeals)-3, Thane in appeal Nos.603- THN/14-15 & 196-THN/15-16 respectively dated 06/07/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.144 r.w.s 147 & 143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 27/06/2014 by the ld. Dy. Commissioner of Income Tax, Circle-2, Kalyan (hereinafter referred to as ld. AO).

2.

Both the parties before us mutually agreed that these revenue appeals are 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 appeals preferred by them 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 appeals filed by the revenue are 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.

3 ITA N. 6209/Mum/2016 to 6212/Mum/2016 Shri Ramesh P. Budhwani

5.

In the result, appeals filed by the revenue are dismissed as not maintainable.

Order pronounced in the open court on this 26/08/2019

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