DCIT-13(3)(1), MUMBAI V. M/S.RAJ RAJENDRA INDUSTRIES LIMITED, MUMBAI

ITA 4217/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1267 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 15-06-2018
• 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. 4217 /MUM/20 18 ( ASSESSMENT YEAR : 2013 - 14 ) DCIT - 13(3)(1), ROOM NO.229/219 2 ND FLOOR, AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 VS. M/S. RAJ RAJENDRA INDUSTRIES LTD., 323, HARI OM PLAZA BORIVALI (E) MUMBAI 400 066 PAN/GIR NO. AAACR1973J (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI J. SARAVANAN ASSESSEE B Y SHRI R.C. TOSHIWAL DATE OF HEARING 29 / 08/ 2019 DATE OF PRONOUNCEMEN T 04 / 09 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN 4217/MUM/2018 FOR A.Y . 2013 - 14 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 21 , MUMBAI IN APPEAL NO. CIT(A) - 21/ACIT - 13(3)(1)/IT - 361/2016 - 17 DATE D 28/03/2018 (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 02/12/2016 BY THE ASST. COMMISSIONER OF INCOME TAX 13 (3)(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO. 4217/MUM/2018 M/S. RAJ RAJENDRA INDUSTRIES LTD., 2 2. BOTH THE PARTIES BEFORE 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 B Y 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 REV ENUE 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 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 THIS 04 / 09 /201 9 SD/ - ( RAM LAL NEGI ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 04 / 09 / 2019 KARUNA , SR.PS ITA NO. 4217/MUM/2018 M/S. RAJ RAJENDRA INDUSTRIES 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//