INCOME TAX OFFICER-20(2)(4), MUMBAI V. NIPA P. DOSHI, MUMBAI

ITA 7467/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2290 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 29-12-2017
• 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. 7467 /MUM/201 7 & 7468/MUM/2017 ( ASSESSMENT YEAR : 2009 - 10 & 2013 - 14 ) THE INCOME TAX OFFICER 20(2)(4) R.NO.220, PIRAMAL CHAMBERS LALBAUG, MUMBAI 400 012 VS. SMT. NIPA P. DOSHI 18, ZAVER VIHAR 3, K.A.S. ROAD MATUNGA CR \ MUMBAI 400 019 PAN/GIR NO. AABPD2521N (APPELLANT ) .. (RESPONDENT ) REVENUE BY MS. N. HEMALATHA ASSESSEE B Y SHRI BHUPENDRA SHAH DATE OF HEARING 20/08 / 2019 DATE OF PRONOUNCEMENT 28 / 08 /2019 / O R D E R PER M. BALAGANESH (A.M) : TH ESE APPEAL S IN ITA NO. 7467/MUM/2017 & 7468/MUM/2017 FOR A.Y RS. 2009 - 10 & 2013 - 14 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 32, MUMBAI IN APPEAL NO S . CIT(A) - 32/IT - 588/ITO - 20(2)(5)/2016 - 17 & CIT(A) - 32/IT - 589/ITO - 20(2)(5)/2016 - 17 RESPECTIVELY DATED 29/09/2017 (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 14/03/2016 BY THE LD. INCOME - TAX OFFICER 20(2)(5), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO 7467/MUM/2017 & 7468/MUM/2017 SMT. NIPA P. DOSHI 2 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 I SSUED BY THE CBDT DATED 08/08/2019 WHEREIN 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 I S 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 PRO VIDED 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 FILED BY THE REVE NUE ARE DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 8 / 08 /201 9 SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 2 8 / 08 / 2019 KARUNA , SR.PS ITA NO 7467/MUM/2017 & 7468/MUM/2017 SMT. NIPA P. DOSHI 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//