ITO 31(3)(2), Mumbai V. RUSTOMJEE OZONE CO OP HOUSING SOCIETY LIMITED, Mumbai

ITA 3998/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5620 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 06-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Assessee Lawyers: KISHOR RAJESHIRKE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , D BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, VP & SHRI M.BALAGANESH, AM ITA NO. 3998 /MUM/ 20 18 ( ASSESSMENT YEAR : 2014 - 15 ) ITO - 31(3)(2), R.NO.408D C - 13, 4 TH FLOOR BKC BANDRA (E), MUMBAI 400 051 VS. M/S. RUSTOMJEE OZONE CO - OP HOUSING SOCIETY LTD., GOREGAON MULUND LINK ROAD OFF. S V ROAD, MUMBAI - 62 PAN/GIR NO. AABAR0644K (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI SANJAY SETHI ASSESSEE BY SHRI KISHOR RAJESHIRKE DATE O F HEARING 08 / 02 /202 1 DATE OF PRONOUNCEMENT 08 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 3998/MUM/2018 FOR A.Y. 2014 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 42, MUMBAI IN AP PEAL NO. CIT(A) - 42/IT - 200/16 - 17 DATED 27/03/2018 (LD. CIT(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 15/12/2016 BY THE LD. INCOME TAX OFFICER 31(3)(2), MUMBAI (HEREINAF TER REFERRED TO AS LD. AO). ITA NO . 3998/MUM/2018 M/S. RUSTOMJEE OZONE CO - OP HOUSING SOCIETY LIMITED 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 HAS BEEN DIRECTED TO WITHDRAW T HE 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 A PPEAL 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 APPLI CATION 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 OPEN COURT ON 08 / 02 /202 1 . SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 08 / 02 / 2021 KARUNA , SR.PS ITA NO . 3998/MUM/2018 M/S. RUSTOMJEE OZONE CO - OP HOUSING SOCIETY LIMITED 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//