DCIT-10(2)(2), MUMBAI vs. M/S.MAGNUM LUBRICANTS PRIVATE LIMITED, MUMBAI

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ITA 5504/MUM/2018Status: DisposedITAT Mumbai03 April 2019AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the Revenue to withdraw its appeal. The appeal was dismissed as withdrawn based on the low tax effect and CBDT circular.

What were the facts?

The Revenue filed an appeal against the deletion of a disallowance made under Section 14A. The assessee remained absent during the proceedings. The Revenue sought to withdraw the appeal due to low tax effect.

What were the issues?

Whether the appeal filed by the Revenue is maintainable due to low tax effect as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY, JM & SHRI MANOJ KUMAR AGGARWAL, AM

आदेश / O R D E R

Per Manoj Kumar Aggarwal (Accountant Member):-

1.

The aforesaid appeal by revenue contest the order of Ld. first appellate authority qua deletion of certain disallowance u/s 14A. None is present for assessee whereas the revenue has, vide its letter dated 14/02/2019 sought withdrawal of the appeal in view of the low tax effect

M/s. Magnum Lubricants (I) P.Ltd. Assessment Year-2014-15 circular No. 03/2018 dated 11/07/2018 issued by CBDT. The Ld. CIT-DR sought permission to withdraw the appeal in terms of directions of Ld. Pr. CIT-10 by submitting that the tax effect of the relief being agitated by the revenue is merely Rs.14,275/- and therefore, the appeal is not maintainable as per the cited circular of CBDT. 2. In view of the above, the appeal stands dismissed as withdrawn.

Order pronounced in the open court on 3rd April, 2019.

Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांकDated : 03/04/2019 Sr.PS:-Jaisy Varghese आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6.

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