DCIT, CENTRAL CIRCLE-1(2), MUMBAI V. M/S. SAUDELA CONSTRUCTIONS PVT. LTD., MUMBAI

ITA 5056/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1693 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 02-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Assessee Lawyers: NISHMA NATHWANI
• Keywords: Tax effect
• Section: 143(3); 153A

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. 5056 /MUM/ 20 19 ( ASSESSMENT YEAR : 2009 - 10 ) DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(2 ) MUMBAI, 906, 9 TH FLOOR PRATISHTHA BHAVAN OLD C.G.O. BUILDING (ANNEXE) M.K.ROAD, MUMBAI - 400020 VS. M/S. SAUDELA CONSTRUCTIONS PVT. LTD., 514, DALAMAL CHAMBERS 211, F.P.J. MARG NARIMAN POINT MUMBAI 400 021 PAN/GIR NO. AALCS0443D (APPELLANT ) .. (RESPOND ENT ) REVENUE BY SHRI SANJAY SETHI ASSESSEE BY MS. NISHMA NATHWANI DATE OF HEARING 16 / 02 /202 1 DATE OF PRONOUNCEMENT 16 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 5056/MUM/2019 FOR A.Y. 2009 - 10 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 47, MUMBAI IN APPEAL NO. CIT(A) - 47/224 TO 229/2016 - 17 DATED 10/05/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S. 153A R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFT ER REFERRED TO AS ACT) ITA NO . 5056/MUM/2019 M/S. SAUDELA CONSTRUCTIONS PVT. LTD., 2 DATED 28/03/2016 BY THE LD. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(2), 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 MAINTAIN ABLE 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 APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. 4. INCASE, IF THE REVENUE IS ABLE TO PROVIDE EVIDENCE THAT THE CASE FAL LS 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 ORDER SHALL BE RECALLED BY THIS TRIBUNAL. 5. IN TH E RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON 16 / 02 /202 1 . SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBA I ; DATED 16 / 02 / 2021 KARUNA , SR.PS ITA NO . 5056/MUM/2019 M/S. SAUDELA CONSTRUCTIONS PVT. LTD., 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//