DCIT-10(1), Mumbai v. Maharashtra State Electricity Transmission Co. Ltd
[Citation -2019-LL-0904-64]

Citation 2019-LL-0904-64
Appellant Name DCIT-10(1), Mumbai
Respondent Name Maharashtra State Electricity Transmission Co. Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 04/09/2019
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags low tax effect
Bot Summary: Commissioner of Income Tax-21, Mumbai in appeal No.CIT(A)21/IT/471/2011-12 dated 27/08/2013 in short) against the order of assessment passed u/s.143(3)(ii) of the Income Tax Act, 1961 dated 30/12/2011 by the ld. 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 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. Respectfully following the said Circular, the appeal filed by the revenue is dismissed as not maintainable. 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. In the result, appeal filed by the revenue is dismissed as not maintainable. Order pronounced in the open court on this 04/09/2019 Sd/- Sd/- JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 04/09/2019 KARUNA, sr.


IN 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), Vs. M/s.Maharashtra State 455, Aayakar Bhavan Electricity Transmission Co. th 4 Floor, M.K. Marg Ltd., Mumbai 400020 Plot No.G-9, Prakshgad Anant Kanekar Marg Station Road Bandra (East), Mumbai 400051 PAN/GIR No.AAECM2936N (Appellant) .. (Respondent) Revenue by Ms. N. Hemalatha Assessee by Ms. I.A. Singh Date of Hearing 21/08/2019 Date of Pronouncement 04/09/2019 ORDER PER M. BALAGANESH (A.M): This appeal in ITA No.6472/Mum/2013 for A.Y. 2009-10 arises out of order by ld. Commissioner of Income Tax (Appeals)-21, Mumbai in appeal No.CIT(A)21/IT/471/2011-12 dated 27/08/2013 (ld. CIT(A) in short) against order of assessment passed u/s.143(3)(ii) of Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/12/2011 by ld. Dy. Commissioner of Income Tax (OSD), Range- 10(1), Mumbai (hereinafter referred to as ld. AO). 2 ITA No.6472/Mum/2013 Maharashtra State Electricity Transmission Co. Ltd 2. Both parties before us mutually agreed that this revenue appeal is to be dismissed as not maintainable in view of recent Circular issued by CBDT dated 08/08/2019 wherein revenue has been directed to withdraw appeal preferred by it before Tribunal if tax effect on disputed issues is less than or equal to Rs.50,00,000/-. It is well settled that this Circular is binding on revenue authorities. 3. Respectfully following said Circular, appeal filed by revenue is dismissed as not maintainable. 4. Incase, if revenue is able to provide evidence that case falls under any of exceptions provided in circular issued by CBDT, then 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 result, appeal filed by revenue is dismissed as not maintainable. Order pronounced in open court on this 04/09/2019 Sd/- Sd/- (MAHAVIR SINGH) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 04/09/2019 KARUNA, sr.ps 3 ITA No.6472/Mum/2013 Maharashtra State Electricity Transmission Co. Ltd Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy// BY ORDER, (Asstt. Registrar) ITAT, Mumbai DCIT-10(1), Mumbai v. Maharashtra State Electricity Transmission Co. Ltd
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