ACIT 12(2), MUMBAI V. L & T HOCHTIEF SEABIRD JOINT VENTURE, MUMBAI

ITA 5050/MUM/2012

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5100 (ITAT-MUMBAI)
• Duration Of Justice: 7 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: L
• Next Hearing Date: 31-08-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 07-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: HEENA DOSHI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL L , BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH, JM ITA NO. 5050 /MUM/201 2 ( ASSESSMENT YEAR : 2006 - 07 ) DEPUTY COMMISSIONER OF INCOME TAX 12(2) ROOM NO.134, AAYAKAR BHAVAN M.K.ROAD, MUMBA I 20 VS. M/S. L & T HOCHTIEF SEABIRD JOINT VENTURE, L & T HOUSE, NM MARG BALLARD ESTATE MUMBAI 400 001 PAN/GIR NO. AAAALO284E (APPELLANT ) .. (RESPONDENT ) REVENUE BY MS. NEHA THAKUR ASSESSEE BY MS. HEENA DOSHI DATE OF HEARING 10 / 10 /2019 DATE OF PRONOUNCEMENT 10 / 10 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 5050/MUM/2012 FOR A.Y. 2006 - 07 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 23, MUMBAI IN APPEAL NO. CIT(A) - 23/ACIT - 12(2) /IT - 37/2011 - 12 DATED 14/05/2012 (LD. CIT(A) IN SHORT) IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961. 2. BOTH THE PARTIES BEFORE US MUTUALLY AGREED THAT THIS REVENUE APPEAL IS TO BE DISMISSED AS NOT MAINTAINABLE IN VIEW O F THE RECENT CIRCULAR ITA NO .5050/MUM/2012 M/S. L & T HOCHTIEF SEABIRD JOINT VENTURE 2 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 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 O F 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 ORDER SHALL BE RECALLED BY THIS TRIBUNAL. 5. IN THE RESULT, APPE AL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 10 / 10 /201 9 SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 10 / 10/2019 KARUNA , SR.PS ITA NO .5050/MUM/2012 M/S. L & T HOCHTIEF SEABIRD JOINT VENTURE 3 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, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//