JCIT (OSD) CIRCLE-8(3)(1), MUMBAI V. M/S.TATA POWER RENEWABLE ENERGY LIMITED, MUMBAI

ITA 1523/MUM/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4627 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 09-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT PRATAP SINGH
• Assessee Lawyers: JAYESH DESAI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E , BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM ITA NO. 1523 /MUM/201 8 ( ASSESSMENT YEAR : 2014 - 15 ) JCIT (OSD), CIRCLE 8(3)(1) 6 TH FLOOR, ROOM NO.615 AAYAKAR BHAVAN M.K. ROAD, CHURCHGA TE, MUMBAI 400020 VS. M/S. TATA POWER RENEWABLE ENERGY LTD., 5 TH FLOOR, CORPORATE CENTRE BLOCK B CARNAC BUNDER MUMBAI 400 009 PAN/GIR NO. AABC17118M (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI AMIT PRATAP SINGH ASSESSEE BY SHRI JAYESH DESAI DATE OF HEARING 20 / 11 /2019 DATE OF PRONOUNCEMENT 20 / 11 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 1523/MUM/2018 FOR A.Y.2014 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 14, MUMBA I IN APPEAL NO. CIT(A) - 14/IT - 247/16 - 17 DATED 12/12/2017 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 26/12/2016 BY THE LD. ASST. COMMISSIONER OF INCOME TAX - 8(3)(1 ), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO. 1523/MUM/2018 M/S. TATA POWER RENEWABLE ENERGY 2 2. 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 DIR ECTED 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 S AID 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 TRIBUNAL. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 20 / 11 /201 9 SD/ - ( RAM LAL NEGI ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 20 / 11 / 2019 KARUNA , SR.PS ITA NO. 1523/MUM/2018 M/S. TATA POWER RENEWABLE ENERGY 3 COPY OF THE ORDER FORWA RDED 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//