ACIT-6(2)(2), Mumbai V. M/S ETERNITY LIFE STYLES PVT LTD., Mumbai

ITA 4310/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5206 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 21-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: REEPAL TRALSHAWALA
• Keywords: Tax effect
• Section: 143(3); 201; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, A CCOUNTANT M EMBER & SHRI PAVAN KUMAR GADALE , JUDICIAL MEMBER ITA NO. 4310 /MUM/ 20 19 ( ASSESSMENT YEAR : 201 4 - 1 5 ) ITA NO. 4312 /MUM/ 2019 ( ASSESSMENT YEAR : 2010 - 11) ITA NO. 4313 /MUM/ 2019 ( ASSESSMENT YEAR : 2013 - 14) & ITA NO. 4314 /MUM/ 2019 ( ASSESSMENT YEAR : 2009 - 10) ASST. COMMISSIONER OF INCOME TAX - 6(2)(2) ROOM NO.504, 5 TH FLOOR AAYAKAR BHAVAN MUMBAI 400 020 VS. M/S. ETERNITY LIFE STYLES PVT. LTD., 129 - 131, CHAMBPAKLAL UDHYOG BHAVAN 105, SION (E) NEXT TO TELEPHONE EXCHANGE MUMBAI 400 022 PAN/GIR NO. AAACE6055A (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI VIJAY KUMAR MENON ASSESSEE BY SHRI REEPAL TRALSHAWALA DATE OF HEARING 22 / 04/ 202 1 DATE O F PRONOUNCEMENT 22/04 /202 1 ITA NO . 4310/MUM/2019 AND OTHER APPEALS M/S. ETERNITY LIFESTYLE P. LTD., 2 / O R D E R PER BENCH : THESE APPEAL S IN ITA NO S . 4310/MUM/2014, 4312/MUM/2019, 4313/MUM/2019 & 4314/MUM/2019 FOR A.Y RS . 2009 - 10, 2010 - 11, 2013 - 14 & 2014 - 15 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 12, MUMBAI IN APPEAL NO S . CIT(A) - 12/DCIT - 6(3)(2)/225/2016 - 17, CIT(A) - 12/DCIT - 6(3)(2)/96/2016 - 17, CIT(A) - 12/DCIT - 6(3)(2)/523/2016 - 17 & CIT(A) - 12/DCIT - 6(3)(2)/95/2016 - 17 DATED 26/03/2019 & 25/03/2019 RESPECTIVELY (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.14 3(3) R.W.S. 147 & 143(3) RESPECTIVELY OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 15/03/2016, 19/12/2016 & 30/12/2014 BY THE LD. ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 6(2)(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. BOTH T HE 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 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 DISMI SSED 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 ITA NO . 4310/MUM/2019 AND OTHER APPEALS M/S. ETERNITY LIFESTYLE P. LTD., 3 ORDER, IF THEY SO DESIRE, IN WHICH CIRCUMSTANCE THIS ORDER SHALL BE RECALLED BY THIS TRIBUNAL. 5. IN THE RESULT, APPEAL S FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON 22/04/2021 SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 22 / 04 / 2021 KARUNA , SR.PS 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//