ADIT (I.T) - 2(1), MUMBAI V. M/s. UPS SUPPLY CHAIN SOLUTIONS / INC., MUMBAI

ITA 751/MUM/2009

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9133 (ITAT-MUMBAI)
• Duration Of Justice: 11 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2004-2005
• Appeal Filed On: 04-02-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AVANEESH TIWARI
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VERTUAL COURT DB - II), MUMBAI BEFORE SHRI C.N. PRASAD, JM & SHRI M.BALAGANESH,AM ITA NO. 751 /MUM/ 2009 & ITA NO.752/MUM/2009 ( ASSESSMENT YEAR : 2004 - 05 & 2005 - 06 ) ADIT (IT) - 2(1), R.NO.116, 1 ST FLOOR SCINDIA HOUSE BALLARD ESTATE, N.M.ROAD MUMBAI 400 038 VS. M/S. UPS SUPPLY CHAIN SOLUTIONS INC., C/O. BSR & CO., CA, KPMG HOUSE, KAMALA MILLS COMPOUND 448, SENAPATI BAPAT MARG LOWER PAREL, MUMBAI 400 013 PAN/GIR NO. AAACU5644B (APPELLANT ) .. (R ESPONDENT ) REVENUE BY SHRI AVANEESH TIWARI ASSESSEE BY SHRI NITESH JOSHI DATE OF HEARING 07/07 /2020 DATE OF PRONOUNCEMENT 07 / 07 /2020 / O R D E R PER C.N. PRASAD ( J .M) : THESE APPEALS IN ITA NOS.751/MUM/2009 & 752/MUM/2009 FOR A.Y RS.2004 - 05 & 2005 - 06 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XXXI, MUMBAI IN APPEAL NO S . CIT(A) XXXI/ADIT(IT)2(2)/IT - 278/07 - 08/08 - 09 & CIT(A)XXXI/ADIT(IT)2(2)/IT - 279/07 - 08/08 - 09 RESPECTIVELY DATED 28/11/2008 (LD. CIT(A) IN SHORT) ITA NO . 751 & 752 /MUM/ 2009 M/S. UPS SUPPLY CHAIN SOLUTIONS LTD., 2 AGAINST THE ORDER OF ASSESSMENT PASSED U/S. 143(3) R.W.S. 147 & 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) RESPECTIVELY DATED 27/12/2007 BY THE DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 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 BEEN DIRECTED TO WITHDRAW THE APPEAL P REFERRED 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 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 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 REVENUE ARE DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN VIRTUAL COURT DB - II ON 07/07/2020 SD/ - ( M.BALAGANESH ) SD/ - ( C.N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 07 / 07 / 2020 KARUNA , SR.PS ITA NO . 751 & 752 /MUM/ 2009 M/S. UPS SUPPLY CHAIN SOLUTIONS 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//