ACIT, Central Circle–1(2), Mumbai v. Touchstone
[Citation -2019-LL-0911-77]

Citation 2019-LL-0911-77
Appellant Name ACIT, Central Circle–1(2), Mumbai
Respondent Name Touchstone
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 11/09/2019
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags low tax effect
Bot Summary: Commissioner of Income Tax-47, Mumbai in appeal No.CIT(A)-36/AP-217/14-15 dated 30/12/2015 in short) against the order of assessment passed u/s. 143(3) of the Income Tax Act, 1961 dated 30/03/2014 by the Asst. 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. Respectfully following the said Circular, the appeal filed by the revenue is dismissed as not maintainable. 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. In the result, appeal filed by the revenue is dismissed as not maintainable.


IN INCOME TAX APPELLATE TRIBUNAL E, BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD, JM ITA No.1083/Mum/2016 (Assessment Year 2011-12) ACIT, Central Circle 1(2) Vs. M/s. Touchstone Room No.906, Pratistha 801-802, Prasad Chambers, th Bhavan, 10 Floor Opera House Old CGO Building Annexe Mumbai 400 004 Mumbai- 400 020 PAN/GIR No. AAAFT2913K (Appellant) (Respondent) Revenue by Shri Ritesh Mishra Assessee by None Date of Hearing 11/09/2019 Date of Pronouncement 11/09/2019 ORDER PER M. BALAGANESH (A.M) This appeal in ITA No. 1083/Mum/2016 for A.Y.2011-12 arises out of order by ld. Commissioner of Income Tax (Appeals)-47, Mumbai in appeal No.CIT(A)-36/AP-217/14-15 dated 30/12/2015 (ld. CIT(A) in short) against order of assessment passed u/s. 143(3) of Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/03/2014 by Asst. Commissioner of Income Tax, Central Circle-2, Mumbai (hereinafter referred to as ld. AO). 2 ITA No.1083/Mum/2016 M/s. Touchstone 2. Both parties before us mutually agreed that this revenue appeal is to be dismissed as not maintainable in view of recent Circular issued by CBDT dated 08/08/2019 wherein revenue has been directed to withdraw appeal preferred by it before Tribunal if tax effect on disputed issues is less than or equal to Rs.50,00,000/-. It is well settled that this Circular is binding on revenue authorities. 3. Respectfully following said Circular, appeal filed by revenue is dismissed as not maintainable. 4. Incase, if revenue is able to provide evidence that case falls under any of exceptions provided in circular issued by CBDT, then 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. 5. In result, appeal filed by revenue is dismissed as not maintainable. Order pronounced in open court on this 11/09/2019 Sd/- Sd/- (RAVISH SOOD) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 11/09/2019 3 ITA No.1083/Mum/2016 M/s. Touchstone KARUNA, sr.ps Copy of Order forwarded to 1. Appellant 2. Respondent. 3. CIT(A), Mumbai. 4. CIT DR, ITAT, Mumbai 5. 6. Guard file. BY ORDER, (Asstt. Registrar) ITAT, Mumbai ACIT, Central Circle1(2), Mumbai v. Touchstone
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