DCIT- 14 (2)(1), MUMBAI V. MAHARASHTRA URBAN, MUMBAI

ITA 5210/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7103 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 10-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JYOTHILAKSHMI NAYAK
• Assessee Lawyers: BHUSHAN SAKPAL
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI G. MANJUNATH A , ACCOUNTANT MEMBER ITA NO. 5210 / MUM . /201 8 ( ASSESSMENT YEAR : 20 13 14 ) DY. COMMISSIONER OF INCOME TAX CIRCLE 14(2)(1), MUMBAI . APPELLANT V/S MAHARASHTRA URBAN INFRASTRUCTURE DEVELOPMENT CO. LTD. GROUND FLOOR CR2, INOX BUILDING, NARIMAN POINT MUMBAI 400 021 PAN AADCM6536D . RESPONDENT ASSESSEE BY : SHRI BHUSHAN SAKPAL REVENUE BY : S MT. JYOTHILAKSHMI NAYAK DATE OF HEARING 23 .01.2020 DATE OF ORDER 23.01.2020 O R D E R PER SAKTIJIT DEY. J.M. THE CAPTIONED APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER DATED 26 TH JUNE 2018, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 22, MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 2013 14. 2. AT THE VERY OUTSET, SMT. JYOTHILAKSHMI NAYAK, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED , THE TAX EFFECT ON THE AMOUNT DISPUTED IN THE APPEAL IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH 2 MAHARASHTRA URBAN INFRASTRUCTURE DEVELOPMENT CO. LTD. APPLICABLE TO APPEALS BEFORE THE TRIBUNAL, AS PER CBDT CIRCULAR NO.17 OF 2019, DATED 8 TH AUGUST 2019. IN THIS CONTEXT, SHE SUBMITTED A LETTER DATED 20 TH JANUARY 2020, RECEIVED FROM THE DCIT, CIRCLE 14(2)(1), MUMBAI. ON A PERUSAL OF THE AFORESAID LETTER, IT IS EVIDENT , THE ASSESSING OFFICER HAS NOT ONLY STATED THAT THE TAX EFFECT ON THE DISPUTED AMOUNT IS BELOW THE MONETARY LIMIT AS APPLICABLE TO THE TRIBU NAL AS PER THE CIRCULAR REFERRED TO ABOVE, BUT IT HAS ALSO BEEN STATED THAT THE APPEAL IS NOT PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED UNDER THE SAID CIRCULAR. 3. THE LEARNED AUTHORISED REPRESENTATIVE HAS ALSO AGREED WITH THE AFORESAID SUBMISSIONS. 4. CONSI DERING THE SUBMISSIONS OF THE LEARNED COUNSEL S APPEARING FOR THE PARTIES AS WELL AS THE ABOVE REFERRED LETTER OF THE ASSESSING OFFICER, WE TREAT THE APPEAL AS WITHDRAWN, HENCE, DISMISSED. 5. IN THE RESULT, APPEAL SANDS DISMISSED. ORDER PRONOUNCED IN THE OPE N C OURT ON 23.01.2020 SD/ - G. MANJUNATH A ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMB AI, DATED: 23.01.2020 3 MAHARASHTRA URBAN INFRASTRUCTURE DEVELOPMENT CO. LTD. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI