INCOME TAX OFFICER 16(3)(5), MUMBAI V. THAKUR MOHANDAS DOULTANI, MUMBAI

ITA 4362/MUM/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4626 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 03-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E , BENCH MUMBAI B EFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM ITA NO. 4362 /MUM/ 2018 ( ASSESSMENT YEAR : 2014 - 15 ) INCOME TAX OFFICER 16(3)(5), ROOM NO.447, AAYKAR BHAWAN, M.K. ROAD MUMBAI 400 020 VS. SHRI THAKUR MOHANDAS DOULTANI 401, SECROWN CHS, NEW LINKING ROAD, 4, BUNGLOW, VERSOVA ANDHERI (W) MUMBAI 400 058 PAN/GIR NO. AAAPD6282F (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI AMIT PRATAP SINGH ASSESSEE B Y SHRI SANDEEP SHETH DATE OF HEARIN G 20 / 11 /2019 DATE OF PRONOUNCEMENT 20 / 11 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4362/MUM/2018 FOR A.Y . 2014 - 15 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 7, MUMBAI IN APPEAL NO. C IT(A) - 7/IT - 105/59/2016 - 17 DATED 06/04/2018 (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 28/12/2016 BY THE INCOME TAX OFFICER 16(3)(5), MUMBAI (HEREINAFTER REFERR ED TO AS LD. AO). ITA NO. 4362/MUM/2018 SHRI THAKUR MOHANDAS DOULTANI 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 APPEA L 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 FI LED 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 APPLICATION F OR 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 20 / 11 /201 9 SD/ - ( RAM LAL NEGI ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 20 / 11 / 2019 KARUNA , SR.PS ITA NO. 4362/MUM/2018 SHRI THAKUR MOHANDAS DOULTANI 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MU MBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//