DCIT CEN CIR 4(2) CEN RG 4, MUMBAI V. USHDEV INTERNATIONAL LTD, MUMBAI

ITA 2981/MUM/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5530 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-12-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 08-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 153A

Judgement Text

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 (Asse ssment Year :2014-15) Dy. Commissioner of Income Tax Central Circle-4(2), Mumbai Central Range-4 Pr.CIT©-2, Mumbai R.No.1918, 19 th Floor Air India Building, Nariman Point Mumbai – 400 021 Vs. M/s. Ushdev International Ltd., 6 th Floor, Apeejay House 130-Mumbai Samachar Marg, Fort Mumbai – 400 023 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 आदेश / 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 ITA No.2981/Mum/2018 M/s. Ushdev International Ltd., 2 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/- (OM PRAKASH KANT ) Sd/- (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 27/12/2021 KARUNA, sr.ps ITA No.2981/Mum/2018 M/s. Ushdev International 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//