DCIT -30(2), MUMBAI V. MANOJ N. TEKRIWAL, MUMBAI

ITA 3750/MUM/2015

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2725 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 17-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI B EFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM ITA NO. 3750 /MUM/ 2015 ( ASSESSMENT YEAR : 2010 - 11 ) DCIT - 30(2), R.NO.601 C - 13, 6 TH FLOOR BKC, BANDRA (E) MUMBAI 51 VS. SHRI MANOJ N. TEKRIW AL B - 504, HARISHCHANDRA APTS. RAHEJA TOWNSHIP MALAD (E) MUMBAI 400 097 PAN/GIR NO. ABTPT8105D (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI J. SARAVANAN ASSESSEE B Y SHRI V.P. MEHTA DATE OF HEARING 27 / 08 /2019 DATE OF PRONOUNCEMENT 27 / 08 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 3750/MUM/2015 FOR A.Y . 2010 - 11 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 41 , MUMBAI IN APPEAL NO. CIT(A) - 41/IT - 134/13 - 14 DATED 09/03/2015 (LD. CI T(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 26/03/2013 BY THE DY. COMMISSIONER OF INCOME TAX - 24(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO. 3750/MUM/2015 SHRI MANOJ N TEKRIWAL 2 2. BOTH THE PARTIES B EFORE 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 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 FOLLOWIN G THE SAID CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAI NTAINABLE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 27 / 08 /201 9 SD/ - ( RAM LAL NEGI ) SD/ - (M.BALAGANESH) JUDICI AL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 27 / 08 / 2019 KARUNA , SR.PS ITA NO. 3750/MUM/2015 SHRI MANOJ N TEKRIWAL 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. //TRU E COPY//