ACIT–13(3)(1), Mumbai v. Windsor Realty Pvt. Ltd
[Citation -2019-LL-0916-108]

Citation 2019-LL-0916-108
Appellant Name ACIT–13(3)(1), Mumbai
Respondent Name Windsor Realty Pvt. Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 16/09/2019
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags low tax effect
Bot Summary: Commissioner of Income Tax-21, Mumbai in appeal No.CIT(A)-21/DCIT-13(3)(1)/IT-367/2015-16 dated 27/12/2016 in short) against the order of assessment passed u/s. 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 2 ITA No.1503/Mum/2017 M/s. Windsor Realty Pvt. Ltd. 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 16/09/2019 Sd/- Sd/- JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 16/09/2019 KARUNA, sr.


IN INCOME TAX APPELLATE TRIBUNAL G , BENCH MUMBAI BEFORE SHRI SAKTIJIT DEY, JM & SHRI M.BALAGANESH, AM ITA No.1503/Mum/2017 (Assessment Year 2013-14) ACIT 13(3)(1) Vs. M/s. Windsor Realty Pvt.Ltd nd Room No.229, 2 Floor Podium, Windsor, Aayakar Bhavan Off. CST Road, Near BKC M.K.Road, Santacruz (E) Mumbai 400 020 Mumbai-400 098 PAN/GIR No.AAACE1883E (Appellant) (Respondent) Revenue by Shri Anoop Hivase Assessee by Shri Mayur Kisnadwala Date of Hearing 16/09/2019 Date of Pronouncement 16/09/2019 ORDER PER M. BALAGANESH (A.M): This appeal in ITA No. 1503/Mum/2017 for A.Y.2013-14 arises out of order by ld. Commissioner of Income Tax (Appeals)-21, Mumbai in appeal No.CIT(A)-21/DCIT-13(3)(1)/IT-367/2015-16 dated 27/12/2016 (ld. CIT(A) in short) against order of assessment passed u/s. 221 of Income Tax Act, 1961 (hereinafter referred to as Act). 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 2 ITA No.1503/Mum/2017 M/s. Windsor Realty Pvt. Ltd. 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 16/09/2019 Sd/- Sd/- (SAKTIJIT DEY) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 16/09/2019 KARUNA, sr.ps 3 ITA No.1503/Mum/2017 M/s. Windsor Realty Pvt. Ltd. Copy of Order forwarded to 1. Appellant 2. Respondent. 3. CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, (Asstt. Registrar) ITAT, Mumbai ACIT13(3)(1), Mumbai v. Windsor Realty Pvt. Ltd
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