M/S DECENT DIAMONDS, MUMBAI V. DY CIT CENTRAL CIRCLE-5(4), MUMBAI

CO 123/MUM/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6952 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 05-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 27-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONIA KUMAR
• Keywords: Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL “D” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Laliet Kumar (JM) I.T.A. No. 1652/Mum/2020 (Assessment Year 2007-08) I.T.A. No. 1653/Mum/2020 (Assessment Year 2008-09) I.T.A. No. 1654/Mum/2020 (Assessment Year 2009-10) I.T.A. No. 1655/Mum/2020 (Assessment Year 2010-11) DCIT, CC-5(4) Room No. 1927 19 th Floor Air India Building Nariman Point Mumbai-400 021. Vs. M/s. Decent Diamonds 103, Shreeji Chambers Tata Road No. 2 Opera House Mumbai-400 004. (Appellant) (Respondent) C.O. No. 123/Mum/2021 (Assessment Year 2007-08) C.O. No. 124/Mum/2021 (Assessment Year 2008-09) C.O. No. 125/Mum/2021 (Assessment Year 2009-10) C.O. No. 126/Mum/2021 (Assessment Year 2010-11) M/s. Decent Diamonds 103, Shreeji Chambers Tata Road No. 2 Opera House Mumbai-400 004. Vs. DCIT, CC-5(4) Room No. 1927 19 th Floor Air India Building Nariman Point Mumbai-400 021. (Appellant) (Respondent) PAN : AAAFD3350J Assessee by Shri Himanshu Gandhi Department by Ms. Sonia Kumar Date of Hearing 29.11.2021 Date of Pronouncement 06.12.2021 O R D E R Per Bench :- These are appeals by the Revenue and cross objection by the assessee against the respective orders of learned CIT(A) for respective assessment years. M/s. Decent Diamonds 2 2. At the outset learned counsel of the assessee submitted that the tax effect in these cases are below the limit of Rs. 50,00,000fixed by CBDT vide Circular No. 17/2019 dated 8/8/2019 for filing appeal before the 1TAT. Hence learned counsel submitted that these appeal by the Revenue are not maintainable. 3. Per contra Ld DR could not dispute that the tax effect is below the said limit. He could not point out that the appeals fall in any of the exceptions carved in said circular. 4. Upon careful consideration we find that as the tax effect is below the limit fixed by CBDT for filing appeals before the ITAT, these appeal by the revenue are liable to be dismissed in limine. Accordingly the appeals stand dismissed as such. Assessee’s cross appeals :- 5. Since the Revenue’s appeals are being dismissed as not maintainable, the assessee’s cross objection in relation to these appeals do not survive and hence, they are also dismissed. 6. In the result, all these appeals and cross objections are dismissed. Pronounced in the open court on 06.12.2021 Sd/- Sd/- (LALIET KUMAR) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated : 06/12/2021 Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai M/s. Decent Diamonds 3 6. Guard File. BY ORDER, //True Copy// (Assistant Registrar) PS ITAT, Mumbai