ITO 25(3)(4), Mumbai v. SUJATA S KORGAONKAR, Mumbai

ITA 4522/MUM/2019 | 2008-2009
Pronouncement Date: 15-03-2021 | Result: Dismissed

Appeal Details

RSA Number 452219914 RSA 2019
Assessee PAN ANWPK3702C
Bench Mumbai
Appeal Number ITA 4522/MUM/2019
Duration Of Justice 1 year(s) 8 month(s) 12 day(s)
Appellant ITO 25(3)(4), Mumbai
Respondent SUJATA S KORGAONKAR, Mumbai
Appeal Type Income Tax Appeal
Pronouncement Date 15-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 15-03-2021
Last Hearing Date 15-02-2021
First Hearing Date 15-02-2021
Assessment Year 2008-2009
Appeal Filed On 03-07-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH MUMBAI BEFORE : SHRI C.N. PRASAD JM & SHRI M.BALAGANESH AM ITA NO. 4522 /MUM/ 20 19 ( ASSESSMENT YEAR : 2008 - 09 ) INCOME TAX OFFICER 25(3)(4) ROOM NO.236 2 ND FLOOR KAUTILYA BHAVAN NEAR VIDESH BHAVAN BANDRA KURLA COMPLEX BANDRA (E) MUMBAI 400 051 VS. MS. SUJATA S. KORGAONKAR 502 5 TH FLOOR SHRI DAMODAR CHSL TILAK MANDIR ROAD VILE PARLE (E) MUMBAI 400 057 PAN/GIR NO. ANWPK3702C (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI VIJAY KUMAR MENON ASSESSEE BY SHRI NAVIN GANDHI DATE OF HEARING 15 / 03 /202 1 DATE OF PRONOUNCEMENT 15 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4522/MUM/2019 FOR A.Y. 2008 - 09 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 37 MUMBAI IN APPEAL NO. CIT(A) - 37/IT - 140/ITO - 25(3)(4)/2016 - 17 DATED 12/04/2019 (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 ITA NO . 4522/MUM/2019 MS. SUJATA S KORGAONKAR 2 TO AS A CT) DATED 29/03/2016 BY THE LD. INCOME TAX OFFICER - 25(3)(4) 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 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 O N THE REVENUE AUTHORITIES. 3. RESPECTFULLY FOLLOWING THE SAID CIRCULAR THE APPEAL FILED BY THE REVENUE IS 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 TH E 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 APPEAL FILED BY THE REVENUE IS DISM ISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON 15 / 03/ 202 1 . SD/ - ( C.N. PRASAD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 15 / 03 / 2021 KARUNA SR.PS ITA NO . 4522/MUM/2019 MS. SUJATA S KORGAONKAR 3 CO PY 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//