ITO 6 (1)(4), MUMBAI V. M/S B R PETROCHEM PVT LTD., MUMBAI

ITA 7037/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3996 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 15-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: OOMMEN THARIAN
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, A CCOUNTANT M EMBER & SHRI PAVAN KUMAR GADALE , JUDICIAL MEMBER ITA NO. 7037 /MUM/ 20 19 ( ASSESSMENT YEAR : 2009 - 10 ) ITA NO. 7039 /MUM/ 2019 ( ASSESSMENT YEAR : 2011 - 12 ) & ITA NO. 7040 /MUM/ 2019 ( ASSESSMENT YEAR : 2012 - 13 ) INCOME TAX OFFICER 6(1)(4) ROOM NO.508, 5 TH FLOOR AAYAKAR BHAVAN MAHARSHI KARVE ROAD MUMBAI 400 020 VS. M/S. B.R. PETROCHEM PVT. LTD., 203, READY MONEY PREMISES 2 ND FLOOR, 167, DR. A.B.ROAD, WORL I NAKA MUMBAI 400 018 PAN/GIR NO. AABCB2960N (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI OOMMEN THARIAN REVENUE BY NONE DATE OF HEARING 31 / 05 /202 1 DATE OF PRONOUNCEMENT 02 / 06 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THESE APPEAL S IN ITA NO. 7037/MUM/2019, 7039/MUM/2019 & 7040/MUM/2019 FOR A.Y. 2009 - 10, 2011 - 12 & 2012 - 13 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 12, MUMBAI IN APPEAL NO. CIT(A) - 12/ITO - 6(1)(4)/20/2016 - 17, CIT(A) - 12/ITO - 6(1)(4) /A3 - 6(1)(4)/A3 - 64/15 - 16 & CIT(A) - 12/ITO - 6(1)(4)/A3 - 6(1)(4)/A3 - 65/15 - 16 RESPECTIVELY DATED 23/07/2019 ITA NO . 7307/MUM/2019 AND OTHER APPEALS M/S. B. R. PETROCHEM PV T. LTD., 2 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 10/0 3/2016 & 23/03/2015 RESPECTIVELY BY THE LD. INCOME TAX OFFICER - 6(1)(4), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE FIND THAT THESE REVENUE APPEALS ARE TO BE DISMISSED AS NOT MAINTAINABLE IN VIEW OF THE RECEN T 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 C IRCULAR IS BINDING ON THE REVENUE AUTHORITIES. 3. RESPECTFULLY FOLLOWING THE SAID CIRCULAR, THE APPEALS FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. 4. IN CASE, IF THE REVENUE IS ABLE TO PROVIDE EVIDENCE THAT THE CASE FALLS UNDER ANY OF THE EX CEPTIONS 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, APPEALS FILE D BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED ON 02 / 06 /202 1 BY WAY OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNT ANT MEMBER MUMBAI ; DATED 02 / 06 / 2021 KARUNA , SR.PS ITA NO . 7307/MUM/2019 AND OTHER APPEALS M/S. B. R. PETROCHEM PV T. LTD., 3 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//