ACIT 13(3)(1), MUMBAI V. WINDOSR REALTY P.LTD, MUMBAI

ITA 1503/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0611 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2013-2014
• Appeal Filed On: 03-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G , BENCH MUMBAI B EFORE SHRI SAKTIJIT DEY, JM & SHRI M.BALAGANESH, AM ITA NO. 1503/ MUM/ 2017 ( ASSESSMENT YEAR : 2013 - 14 ) ACIT 13(3)(1) ROOM NO.229, 2 ND FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 VS. M/S. WINDSOR REALTY PVT.LTD PODIUM, WINDSOR, OFF. CST ROAD, NEAR BKC SANTACRUZ (E) MUMBAI - 400 098 PAN/GIR NO. AAACE1883E (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI ANOOP HIVASE ASSESSEE B Y SHRI MAYUR KISNADWALA DATE OF HEARING 16 / 09 /2019 DATE O F PRONOUNCEMENT 16 / 09 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 1503/MUM/2017 FOR A.Y . 2013 - 14 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 21 , MUMBAI IN APPEAL NO. CIT(A) - 21/DCIT - 13(3) (1)/IT - 367/2015 - 16 DATED 27/12/2016 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S. 221 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) . 2. BOTH THE PARTIES BEFORE US MUTUALLY AGREED THAT TH IS REVENUE APPEAL IS TO BE DISMIS SED AS NOT MAINTAINABLE IN VIEW OF THE RECENT CIRCULAR ISSUED BY THE CBDT DATED 08/08/2019 WHEREIN THE REVENUE HAS BEEN ITA NO. 1503/MUM/2017 M/S. WINDSOR REALTY PVT. LT D. 2 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 FOLLOWIN G THE SAID CIRCULAR, THE APPEAL FILED BY THE REVENUE IS 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 TR IBUNAL. 5 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 16 / 09 /201 9 SD/ - ( SAKTIJIT DEY ) SD/ - (M.BALAGANESH) JUD ICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 16 / 09 / 2019 KARUNA , SR.PS ITA NO. 1503/MUM/2017 M/S. WINDSOR REALTY PVT. LT D. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//