ACIT-27(3), Mumbai V. SMT.SOSARDEVI GANESHLAL KACHHARA, Mumbai

ITA 4411/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3236 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 05-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA SR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , G BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, VP & SHRI M.BALAGANESH, AM ITA NO. 4411 /MUM/ 20 18 ( ASSESSMENT YEAR : 20 08 - 09 ) & ITA NO. 4412 /MUM/ 2018 ( ASSESSMENT YEAR : 2009 - 10 ) A SSISTANT COMMISSIONER OF INCOME TAX - 27(3), MUMBAI R.NO.423, 4 TH FLOOR TOWER NO.6, VASHI RAILWAY STATION, VASHI NAVI MUMBAI 400 703 VS. M/S. SOSARDEVI GANESHLAL KACHHARA 903, KAILASH TOWERS VALLABH BAUG LANE GHATKOPAR (E) MUMBAI 400 077 PAN/GIR NO. AG PPK2410B (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI T.S. KHALSA, SR.AR ASSESSEE BY NONE DATE OF HEARING 17 / 11 /2020 DATE OF PRONOUNCEMENT 17 / 11 /2020 / O R D E R PER M. BALAGANESH (A.M) : TH E S E APPEAL S IN ITA NO. 4411/MUM/2018 & ITA N.4412/MUM/2018 FOR A.Y. 2008 - 09 & 2009 - 10 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 25, MUMBAI IN APPEAL NO. CIT(A) - 25/IT - 91,90/2015 - 16 ITA NO . 4411/MUM/2018 SMT. SOSARDEVI GANESHLAL KACHHARA 2 & CIT(A) - 25/IT - 427,428 & 429/16 - 17 DATED 04/04/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 04/04/2018 BY THE LD. ACIT - 27(3), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. BOTH THE PARTIES BEFORE US MUTUALLY AGREED THAT THESE REVE NUE APPEALS ARE 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 DISMISSED AS NOT MAINTAINABLE. 4. INCASE, IF THE REVE NUE IS ABLE TO PROVIDE EVIDENCE THAT THE CASE S FALL 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 OR DER SHALL BE RECALLED BY THIS TRIBUNAL. 5. IN THE RESULT, APPEALS FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED ON 17 / 11 /2020 BY WAY OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 17 / 11 / 2020 ITA NO . 4411/MUM/2018 SMT. SOSARDEVI GANESHLAL KACHHARA 3 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, ITA T, MUMBAI 6. GUARD FILE. //TRUE COPY//