DCIT (E)-1(1), MUMBAI V. G.D. BIRLA MEDICAL RESEARCH & EDUCATION FOUNDATION, MUMBAI

ITA 4348/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8833 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 02-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VERTUAL COURT DB - II) G BENCH MUMBAI BEFORE SHRI C.N. PRASAD, JM & SHRI M.BALAGANESH,AM ITA NO. 4348 /MUM/ 20 18 ( ASSESSMENT YEAR : 2011 - 12 ) DCIT - (E) - 1(1), MUMBAI VS. M/S. G.D.BIRLA MEDICAL RESEA RCH & EDUCATION FOUNDATION C - 1, ADITYA BIRLA CENTRE S.K.AHIRE MARG WORLI, MUMBAI 400 030 PAN/GIR NO. AAATG4151C (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI V.VINOD KUMAR ASSESSEE BY SHRI RONAK DOSHI DATE OF HEARING 2 7/07 /2020 DATE OF PRO NOUNCEMENT 2 7 / 07 /2020 / O R D E R PER M. BALAGANESH (AM) TH IS APPEAL IN ITA NO. 4348/MUM/2018 09 FOR A.Y . 2011 - 12 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 3, MUMBAI IN APPEAL NO.CIT(A) - 3/ADDL.CIT(E) - II/IT - 10530 /2017 - 18 DATED 01/03 /20 1 8 (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) RESPECTIVELY DATED 14/03/2014 BY THE ADDL. DIRECTOR OF INCOME TAX ( EXEMPTIONS ) - RANGE - II , MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2 ITA NO.4348/MUM/2018 M/S. G.D.BIRLA MEDICAL RESEARCH & EDUCATION FOUNDATION 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 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 CIRC ULAR, 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 MISCELLA NEOUS 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 ON 27/07/2020 BY WA Y OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( C.N. PRASAD ) SD/ - ( M.BALAGANESH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 2 7 / 07 / 2020 KARUNA , SR.PS 3 ITA NO.4348/MUM/2018 M/S. G.D.BIRLA MEDICAL RESEARCH & EDUCATION FOUNDATION COPY OF THE ORD ER 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//