Appeal details
Counselvise Citation
[2020] 110 COUNSELVISE.COM (IT) 6841 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 4 month(s) 28 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
10-09-2020
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
C
Assessment Year
2009-2010
Appeal Filed On
12-04-2019
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL VIRTUAL COURT C , BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI PAV AN KUMAR GADALE , J M ITA NO. 2316 /MUM/201 9 ( ASSESSMENT YEAR : 2009 - 10 ) DEPUTY COMMISSIONER OF INCOME TAX (LTU - 1) MUMBAI 29 TH FLOOR, CENTRE - 1 WORLD TRADE CENTER CUFFE PARADE MUMBAI 400 005 VS. M/S. CMI FPE LTD., PLOT NO.64, MEHTA HOUSE ROAD NO.13, MIDC ANDHERI (E) MUMBAI 400 093 PAN/GIR NO. AAACF0252G (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI AMIT PRATAP SINGH ASSESS EE BY NONE DATE OF HEARING 07 / 09 /2020 DATE OF PRONOUNCEMENT 07 / 09 /2020 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 2316/MUM/2019 FOR A.Y. 2009 - 10 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) - 3, MUMBAI IN APPEAL NO. CIT(A) - 3/IT - 10460/2017 - 18 DATED 15/11/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINA FTER REFERRED TO AS ACT) DATED 19/12/2011 BY THE LD. ASST. COMMISSION ER OF INCOME TAX - LTU (HEREINAFTER REFERRED TO AS LD. AO). ITA NO .2316/MUM/2019 M/S. CMI FPE LTD., 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 H AS 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 FOLL OWING 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 REVENU E 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 I N OPEN COURT ON 07/09/2020 . SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 07 / 09 / 2020 KARUNA , SR.PS ITA NO .2316/MUM/2019 M/S. CMI FPE LTD., 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//
