DCIT 33(2), MUMBAI V. MAHENDRA NARAYAN RAJU, MUMBAI

ITA 6459/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8553 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 09-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAMAL MANGAL
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI SAKTIJIT DEY , JM & SHRI M.BALAGANESH, AM ITA NO. 6459 /MUM/201 8 ( ASSESSMENT YEAR : 2013 - 14 ) DCIT 33(2) MUMBAI R.NO.608, 6 TH FLOOR, C - 12, PRATYAKSHAKAR BHAVAN BKC, MUMBAI 400 061 VS. SHRI MAHENDRA NARAYAN RAJU C - 801, SILVER LEAF OPP. NATIONAL AVENUE ASHOK NAGAR, AKURLI ROAD, KANDIVALI (E), MUMBAI - 400101 PAN/GIR NO. AAHPR6420Q (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI KAMAL MANGAL ASSESSEE BY SHRI RAVINDRA POOJARY DAT E OF HEARING 13 / 01 /2020 DATE OF PRONOUNCEMENT 15 / 01 /2020 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 6459/MUM/2018 FOR A.Y. 2013 - 14 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 45, MUMBAI IN A PPEAL NO. CIT(A) - 45/ACIT - 33(3)/ITA - 123/2016 - 17 DATED 23/07/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 15/03/2016 BY THE LD. ASST. COMMISSIONER OF INCOME TAX - 33(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO. 6459/MUM/2018 SHRI MAHENDRA NARAYAN RAJA 2 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 BE EN 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 OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR ISSUED BY THE CBDT, THEN THE REVENUE MAY PRE FER 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 FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN TH E OPEN COURT ON THIS 15 / 01/ 2020 SD/ - ( SAKTIJIT DEY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 15 / 01 / 2020 KARUNA , SR.PS ITA NO. 6459/MUM/2018 SHRI MAHENDRA NARAYAN RAJA 3 COPY OF THE ORDER FORWARD ED 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//