DCIT -3(3)(1), MUMBAI, AAYAKAR BHAWAN vs. SHREE RAMKRISHNA EXPORTS PVT. LTD., MUMBAI

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ITA 518/MUM/2024Status: DisposedITAT Mumbai25 June 2024Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)1 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 noted that as per CBDT Circular No.17/2019, the Revenue is precluded from filing an appeal if the tax effect is less than Rs. 50,00,000/-. This factual position was conceded by the Ld. D.R.

What were the facts?

The Revenue preferred an appeal against the order dated 07-12-2023, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) for the Assessment Year 2015. The tax effect in this case was less than Rs. 50,00,000/-, as per CBDT Circular No.17/2019.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal given the tax effect involved.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D”, MUMBAI

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI GIRISH AGRAWAL

For Appellant: Shri Ajay R. Singh, A.R

For Respondent: Smt Mahita Nair, SR. D.R

Per : Narender Kumar Choudhry, Judicial Member:

This appeal has been preferred by the Revenue against the order dated 07-12-2023, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2015.

2 M/s. Shree Ramkrishna Exports Pvt. Ltd.

Admittedly in this case tax effect is less than 50,00,000/-. As per CBDT Circular No.17/2019 dated 8th August, 2019, the Revenue in precluded from filling any appeal before the Tribunal in case the tax effect involved in a case is less than Rs.50,00,000/- and this factual position has been fairly conceded by the Ld. D.R. therefore, the present appeal is not maintainable, hence the same is hereby dismissed being infructuous, however subject to liberty to the department to seek recall of this order, in case the present appeal is found to be maintainable at any stage for any technical reasons.

in the result, this appeal is dismissed being not maintainable.

Order pronounced in the open court on 25.06.2024.

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