DCIT - 3(1)(1), MUMBAI V. APPLICOMP (INDIA) LTD., MUMBAI

ITA 3401/MUM/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1220 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 18-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A , BENCH MUMBAI B EFORE SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM ITA NO. 3401 /MUM/ 2018 ( ASSESSMENT YEAR : 2013 - 14 ) DCIT - 3(1)(1) ROOM NO.607, 6 TH FLOOR AAYAKAR BHAVAN MUMBAI 400 020 VS. M/S. APPLICOMP ( INDIA) LTD 171, C WING, MITTAL COURT NARIMAN POINT, MUMBAI 400 021 PAN/GIR NO. AACCA9547R (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI S. MICHAEL JERALD ASSESSEE B Y NONE DATE OF HEARING 09 / 12 /2019 DATE OF PRONOUNCEMENT 09 / 12 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 3401/MUM/2018 FOR A.Y . 2013 - 14 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 8, MUMBAI IN APPEAL NO. CIT(A) - 8/IT - 192/16 - 17 DATED 28/04/2016 (LD. CIT(A) IN SHORT) A GAINST THE ORDER OF ASSESSMENT PASSED U/S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 19/03/2016 BY THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 3(1)(1) (HEREINAFTER REFERRED TO AS LD. AO). ITA NO. 3401/MUM/2 018 M/S. APPLICOMP (INDIA) LTD. 2 2. BOTH THE PARTIES BEFORE US MU T ` UALLY 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 WITHDRAW THE APPEAL PREFERRED BY IT BEFORE THE TRIBUNAL IF THE TAX EF FECT 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 WHI CH 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 09 / 12 /201 9 SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 09 / 12 / 2019 KARUNA , SR.PS ITA NO. 3401/MUM/2 018 M/S. APPLICOMP (INDIA) 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, M UMBAI 6. GUARD FILE. //TRUE COPY//