Income Tax Appellate Tribunal - Mumbai
Dcit Cen Cir 4(2) Cen Rg 4, Mumbai vs Ushdev International Ltd, Mumbai on 27 December, 2021
IN THE INCOME TAX APPELLATE TRIBUNAL, 'F' BENCH MUMBAI BEFORE: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER & SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.2981/Mum/2018 (Assessment Year :2014-15) Dy. Commissioner of Vs. M/s. Ushdev International Income Tax Ltd., Central Circle-4(2), Mumbai 6 t h Floor, Apeejay House Central Range-4 130-Mumbai Pr.CIT©-2, Mumbai Samachar Marg, Fort th R.No.1918, 19 Floor Mumbai - 400 023 Air India Building, Nariman Point Mumbai - 400 021 PAN/GIR No.AAACU1672R (Appellant) .. (Respondent) Revenue by Smt. Somogyan Pal Assessee by None Date of Hearing 27/12/2021 Date of Pronouncement 27/12/2021 आदे श / O R D E R PER KULDIP SINGH (J.M):
This appeal in ITA No.2981/Mum/2018 for A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-52, Mumbai in appeal No.CIT(A)-52/DC CC-4(2)/IT-461/16-17 dated 21/02/2018 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred 2 ITA No.2981/Mum/2018 M/s. Ushdev International Ltd., to as Act) dated 31/10/2016 by the ld. Dy. Commissioner of Income-Tax, Central Circle -4(2), Mumbai (hereinafter referred to as ld. AO).
2. None appeared on behalf of the assessee. We have heard ld. DR and he stated 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.
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.
5. In the result, appeal filed by the revenue is dismissed as not maintainable.
Order pronounced in the open Court on 27/12/2021.
Sd/- Sd/-
(OM PRAKASH KANT ) (KULDIP SINGH)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Mumbai; Dated 27/12/2021
KARUNA, sr.ps
3
ITA No.2981/Mum/2018
M/s. Ushdev International Ltd., Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT
5. DR, ITAT, Mumbai
6. Guard file.
//True Copy// BY ORDER, (Asstt. Registrar) ITAT, Mumbai