Income Tax Officer-3(1)(1), Mumbai V. M/s. The Air Cargo Agents Association of India, Mumbai

ITA 5025/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0684 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 01-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Assessee Lawyers: B.V. JAAVERI
• Keywords: Tax effect
• Section: 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , SMC BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 5025 /MUM/ 20 19 ( ASSESSMENT YEAR : 201 6 - 1 7 ) ITO - 3(1)(1), ROOM NO.666, 6 TH FLOOR AAYAKAR BHA VAN M.K.ROAD, MUMBAI - 400 020 VS. M/S. THE AIR CARGO AGENTS ASSOCIATION OF INDIA 28 - B, 2 ND FLOOR, NARIMAN BHAVAN, NARIMAN POINT MUMBAI 400 021 PAN/GIR NO. AAACT1460A (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI SANJAY SETHI ASSESSEE BY SHRI B.V. J AAVERI DATE OF HEARING 15 / 02 /202 1 DATE OF PRONOUNCEMENT 15 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 5025/MUM/2019 FOR A.Y. 2016 - 17 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 8 , MUMBAI IN APPEAL NO. CIT(A) - 8/IT - 10185/2018 - 19 DATED 23/05/2019 (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 20/12/2018 BY THE LD. INCOME TAX OFFICER - 3(1)(1), MUM BAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 5025/MUM/2019 M/S. THE AIR CARGO AGENTS ASSOCIATION OF INDIA 2 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 DIRECTE D 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 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 MISC ELLANEOUS 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 IN THE OPEN COURT ON 15 / 02 /202 1 . SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 15 / 02 / 2021 KARUNA , SR.PS ITA NO . 5025/MUM/2019 M/S. THE AIR CARGO AGENTS ASSOCIATION OF INDIA 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGIS TRAR) ITAT, MUMBAI 1. THE APPELLAN T 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//