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

ITA 5057/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1692 (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: 2010-2011
• 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 ) & ITA NO. 5057 /MUM/ 2019 ( ASSESSMENT YEAR : 2010 - 11 ) 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 0 21 PAN/GIR NO. AALCS0443D (APPELLANT ) .. (RESPONDENT ) 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) : THESE APPE AL S IN ITA NO. 5056/MUM/2019 & 5057/MUM/2019 FOR A.Y. 2009 - 10 & 2010 - 11 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 47, MUMBAI IN APPEAL NO. CIT(A) - 47/224 TO ITA NO . 5056/MUM/2019 & 5057/MUM/2019 M/S. SAUDELA CONSTRUCTIONS PVT. LTD., 2 229/2016 - 17 DATED 10/05/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF AS SESSMENT PASSED U/S. 153A R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) 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 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 APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINAB LE. 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 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 S FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON 16 / 02 /202 1 . SD/ - SD/ - ( PAV AN KUMAR GADALE ) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA NO . 5056/MUM/2019 & 5057/MUM/2019 M/S. SAUDELA CONSTRUCTIONS PVT. LTD., 3 MUMBAI ; DATED 16 / 02 / 2021 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, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//