DCIT CIR 2, KALYAN V. RAMESH P. BUDHWANI, ULHASNAGAR

ITA 6209/MUM/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2729 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 21-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM ITA NO. 6209/MUM/2016 ( ASSESSMENT YEAR : 2008 - 0 9 ) ITA NO. 6210/MUM/2016 ( ASSESSMENT YEAR : 2009 - 10 ) ITA NO. 6211/MUM/2016 ( ASSESSMENT YEA R : 2010 - 11 ) & ITA NO. 6212/MUM/2016 ( ASSESSMENT YEAR : 2012 - 13 ) DCIT, CIRCLE - 2 KALYAN, 2 ND FLOOR MOHAN PLAZA KHADAKPADA WAYALE NAGAR KALYAN (W) 421 301 VS. SHRI RAMESH P. BUDHWANI PROP. M/S. P.K. MARKETING SHOP NO.1 & 2 KAILASH COMPLEX, NR. BASHARAM SOC IETY ESIS ROAD, ULHASNAGAR - 421 002 PAN/GIR NO. AA TPB5167C (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI BHAVYA GOYAL ASSESSEE B Y SHRI J. SARAVANAN DATE OF HEARING 26 /08 /2019 DATE OF PRONOUNCEMENT 26 / 08 / 2019 / O R D E R PER M. BALAGANESH (A.M) : TH ESE APPEAL S IN ITA NO S . 6209/MUM/2016, 6210/MUM/2016, 6211/MUM/2016 & 6212/MUM/2016 FOR A.Y RS. 2008 - 09,2009 - 10,2010 - ITA N. 6209/MUM/2016 TO 6212/MUM/2016 SHRI RAMESH P. BUDHWANI 2 2011 & 2012 - 13 RESPECTIVELY ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 3, THANE IN APPEA L NO S . 603 - THN/14 - 15 & 196 - THN/15 - 16 RESPECTIVELY DATED 06/07/2016 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.14 4 R.W.S 147 & 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 27/06/2014 BY THE LD. DY. COMMISSI ONER OF INCOME TAX, CIRCLE - 2, KALYAN (HEREINAFTER REFERRED TO AS LD. AO). 2. BOTH THE PARTIES BEFORE US MUTUALLY AGREED THAT THESE REVENUE APPEALS ARE TO BE DISMISSED AS NOT MAINTAINABLE IN VIEW OF THE RECENT CIRCULAR ISSUED BY THE CBDT DATED 08/08/2019 W HEREIN THE REVENUE HAS BEEN DIRECTED TO WITHDRAW THE APPEALS PREFERRED BY THEM 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 APPEALS FILED BY THE REVENUE ARE 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 TH E 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. ITA N. 6209/MUM/2016 TO 6212/MUM/2016 SHRI RAMESH P. BUDHWANI 3 5 . IN THE RESULT, APPEALS FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAI NABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 6 /08 /201 9 SD/ - ( RAM LAL NEGI ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 26 / 08 / 2019 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//