DEPUTY COMMISSIONER OF INCOME TAX CC-3(4), CENTRAL RANGE-3, MUMBAI V. SHRI NILESH V KIKAVAT, MUMBAI

ITA 1583/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1268 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 12-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B , BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH , JM & SHRI M.BALAGANESH, AM ITA NO. 1583 /MUM/20 18 ( ASSESSMENT YEAR : 2010 - 11 ) DY. COMMISSIONER OF INCOME TAX, CC - 3(4), CENTRAL RANGE - 3 MUMBAI VS. SHRI NILESH V KIKAV AT FLAT NO. 1201, D - WING KUKREJA TOWERS GARODIYA NAGAR GHATKOPAR(E) MUMBAI - 400 077 PAN/GIR NO. AABPK2207J (APPELLANT ) .. (RESPONDENT ) REVENUE BY MS. N. HEMALATHA ASSESSEE B Y SHRI ROHAN DESHPANDE DATE OF HEARING 22 / 08 /2019 DATE OF PRONOUNCEME NT 04 / 09 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 1583/MUM/2018 FOR A.Y . 2010 - 11 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 51 , MUMBAI IN APPEAL NO. CIT(A) - 51/IT - 142/DCIT CC3(4)/2016 - 17 DATED 13/12/2017 (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 TO AS ACT) DATED 30/03/2016 BY THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(4), MUMBAI (HERE INAFTER REFERRED TO AS LD. AO). ITA NO. 1583/MUM/2018 SHRI NILESH V KIKAVAT 2 2. BOTH THE PARTIES BEFORE US MUTUALLY AGREED THAT TH IS 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 WITH DRAW 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 A PPLICATION 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 04 / 09 /201 9 SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 04 / 09 / 2019 KARUNA , SR.PS ITA NO. 1583/MUM/2018 SHRI NILESH V KIKAVAT 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. R EGISTRAR) ITAT, MUMBAI 1. THE APP ELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//