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Facts
The Revenue filed an appeal against an order passed under section 143(3) read with section 144C(13) of the Income Tax Act, 1961. The tax effect in the appeal was below Rs. 50 lakhs, making it eligible for dismissal based on CBDT Circular No. 17/2019.
Held
The Tribunal noted that the tax effect in the appeal was below Rs. 50 lakhs and covered by CBDT Circular No. 17/2019. The Ld. DR accepted the low tax effect and applicability of the circular. The circular states that no appeal shall be filed by the revenue if the tax effect is below Rs 50 lakhs, and it is applicable to pending cases.
Key Issues
Whether the appeal filed by the Revenue is maintainable due to low tax effect as per CBDT Circular No. 17/2019?
Sections Cited
143(3), 144C(13), Income Tax Act, 1961
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Income Tax Appellate Tribunal, “H” BENCH, MUMBAI
Before: SHRI OM PRAKASH KANT & SHRI PAVAN KUMAR GADALE
&CO.No.153/Mum/2016 M/s. Ingersoll Rand Climate Solutions Pvt Ltd, Mumbai. Date of Hearing 09.01.2024 Date of Pronouncement 09.01.2024 आदेश / O R D E R PER BENCH:
1. 1. The Revenue has filed the appeal against order passed u/sec 143(3) r.w.s 144C (13) of the Income Tax Act, 1961.
2. At the time of hearing, it was brought to the knowledge of the bench, that the tax effect in the appeal is below Rs.50 lakhs and is covered by the CBDT Circular No. 17/2019 dated 08.08.2019. The Ld.DR has accepted the low tax effect aspects and applicability of CBDT circular. We find as per the CBDT Circular dated 08.08.2019, no appeal shall be filed by the revenue before the Hon’ble Tribunal where the tax effect is below Rs 50 lakhs. Further the circular of the CBDT is also applicable to the pending cases. Accordingly, we dismiss the revenue appeal on maintainability and low tax effect.
In case, 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. The revenue may prefer miscellaneous application for recalling of this order, if they so desire, in &CO.No.153/Mum/2016 M/s. Ingersoll Rand Climate Solutions Pvt Ltd, Mumbai. which circumstances, this order shall be recalled by the Hon’ble Tribunal.
In the result, the appeal filed by the revenue is dismissed.
CO. No.153/Mum/2016. A.Y 2011-12
Since the revenue appeal is dismissed due to low tax effect, the Cross Objection filed by the assessee becomes infractuous and is dismissed.
In the result, the appeal filed by the revenue and the cross objection filed by the assessee are dismissed .