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Income Tax Appellate Tribunal - Mumbai

Dcit -30(2), Mumbai vs Manoj N. Tekriwal, Mumbai on 27 August, 2019

IN THE INCOME TAX APPELLATE TRIBUNAL "D", BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM ITA No.3750/Mum/2015 (Assessment Year :2010-11) DCIT-30(2), R.No.601 Vs. Shri Manoj N. Tekriw al th C-13, 6 Floor B-504, Harishchandra Apts.

  BKC, Bandra (E)               Raheja Township
  Mumbai - 51                   Malad (E)
                                Mumbai - 400 097

                     PAN/GIR No.ABTPT8105D
  (Appellant)                ..  (Respondent)



  Revenue by                           Shri J. Saravanan
  Assessee by                          Shri V.P. Mehta

  Date of Hearing                       27/08/2019

  Date of Pronouncement                 27/08/2019


                           आदे श / O R D E R

PER M. BALAGANESH (A.M):

This appeal in ITA No. 3750/Mum/2015 for A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-41, Mumbai in appeal No.CIT(A)-41/IT-134/13-14 dated 09/03/2015 (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 26/03/2013 by the Dy. Commissioner of Income Tax-24(2), Mumbai (hereinafter referred to as ld. AO).

Shri Manoj N Tekriwal

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 on the revenue authorities.

3. Respectfully following the said Circular, the appeal filed by the revenue is dismissed as not maintainable.

4. In the result, appeal filed by the revenue is dismissed as not maintainable.

Order pronounced in the open court on this          27/08/2019



            Sd/-                                    Sd/-
        (RAM LAL NEGI)                        (M.BALAGANESH)
         JUDICIAL MEMBER                       ACCOUNTANT MEMBER
Mumbai; Dated                  27/08/2019
KARUNA, sr.ps
                                         3

                                            ITA No.3750/Mum/2015
                                             Shri Manoj N Tekriwal

Copy of the Order forwarded to :

1. The Appellant

2. The Respondent.

3. The CIT(A), Mumbai.

4. CIT

5. DR, ITAT, Mumbai

6. Guard file.

//True Copy// BY ORDER, (Asstt. Registrar) ITAT, Mumbai