ITO 25(3)(4), Mumbai V. SUJATA S KORGAONKAR, Mumbai

ITA 4522/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0164 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 03-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , E BENCH MUMBAI BEFORE : SHRI C.N. PRASAD, JM & SHRI M.BALAGANESH, AM ITA NO. 4522 /MUM/ 20 19 ( ASSESSMENT YEAR : 2008 - 09 ) INCOME TAX OFFICER 25(3)(4), ROOM NO.236, 2 ND FLOOR KAUTILYA BHAVAN NEAR VIDESH BHAVAN BANDRA KURLA COMPLEX BANDRA (E) MUMBAI 400 051 VS. MS. SUJATA S. KORGAONKAR 502, 5 TH FLOOR, SHRI DAMODAR CHSL TILAK MANDIR ROAD VILE PARLE (E) MUMBAI 400 057 PAN/GIR NO. ANWPK3702C (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI VIJAY KUMAR MENON ASSESSEE BY SHRI NAVIN GANDHI DATE OF HEARING 15 / 03 /202 1 DATE OF PRONOUNCEMENT 15 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4522/MUM/2019 FOR A.Y. 2008 - 09 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 37, MUMBAI IN APPEAL NO. CIT(A) - 37/IT - 140/ITO - 25(3)(4)/2016 - 17 DATED 12/04/2019 (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 ITA NO . 4522/MUM/2019 MS. SUJATA S KORGAONKAR 2 TO AS A CT) DATED 29/03/2016 BY THE LD. INCOME TAX OFFICER - 25(3)(4), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 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 O N THE REVENUE AUTHORITIES. 3. RESPECTFULLY FOLLOWING THE SAID CIRCULAR, 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 TH E 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 DISM ISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON 15 / 03/ 202 1 . SD/ - ( C.N. PRASAD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 15 / 03 / 2021 KARUNA , SR.PS ITA NO . 4522/MUM/2019 MS. SUJATA S KORGAONKAR 3 CO PY 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//