DCIT 10(1), MUMBAI V. MAHARASHTRA STATE ELECTRICITY TRANMISSION CO. LTD, MUMBAI

ITA 6472/MUM/2013

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1257 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 10 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 01-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B , BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH , JM & SHRI M.BALAGANESH, AM ITA NO. 6472/MUM/2013 ( ASSESSMENT YEAR : 2009 - 10 ) DCIT - 10(1), 455, AAYAKAR BHAVAN 4 TH FLOOR, M.K. MARG MUMBAI 400 020 VS. M/S.MAHARASH TRA STATE ELECTRICITY TRANSMISSION CO. LTD., PLOT NO.G - 9, PRAKSHGAD ANANT KANEKAR MARG STATION ROAD BANDRA (EAST), MUMBAI 400 051 PAN/GIR NO. AAECM2936N (APPELLANT ) .. (RESPONDENT ) REVENUE BY MS. N. HEMALATHA ASSESSEE B Y MS. I.A. SINGH DATE OF H EARING 2 1 /08 /2019 DATE OF PRONOUNCEMENT 04 / 09 /2019 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 6472/MUM/2013 FOR A.Y . 2009 - 10 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 2 1 , MUMBAI IN AP PEAL NO. CIT(A)21/IT/471/2011 - 12 DATED 27 /0 8 /201 3 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) (II) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 30/12/2011 BY THE LD. DY. COMMISSIONER OF INCOME TAX (OSD), RANG E - 10(1) , MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO.6472/MUM/2013 MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD 2 2. BOTH THE PARTIES BEFORE US MUTUALLY AGREED THAT TH IS 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 FOLLOWIN G 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 P REFER 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 THE O PEN COURT ON THIS 04 / 09 /201 9 SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 04 / 09 / 2019 KARUNA , SR.PS ITA NO.6472/MUM/2013 MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD 3 COPY OF THE ORDER FORWARDE D 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//