SAGAR CONSTRUCTIONS, MUMBAI V. ASST CIT 32(3), MUMBAI

CO 193/MUM/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5231 (ITAT-MUMBAI)
• Duration Of Justice: 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 19-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 14-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , , BEFORE HONBLE SHRI C.N. PRASAD, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM 1. ./ I.T.A. NO.3799/MUM/2018 ( / ASSESSMENT YEAR: 2014-15) D CIT - CC 4(2) ROOM NO.1918, 19 TH FLOOR AIR INDIA BUILDING NARIMAN POINT MUMBAI-400 021. / VS. M/S. SHETH DEVELOPERS P RIVATE LTD. SHETH HOUSE, OPP. OBEROI MALL NEXT TO DINDOSHI FIRE STATION GEN. A.K. VAIDYA MARG MALAD(E), MUMBAI-400 097. ./ ./PAN/GIR NO. AAACS-9943-H ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD. SR. DR & 2. ./ I.T.A. NO.3817/MUM/2018 ( / ASSESSMENT YEAR: 2013-14) JCIT CC - 7(2) ROOM NO.655, 6TH FLOOR, AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. / VS. THE SAHEBRAO DESHMUKH CO-OPERATIVE BANK LTD. 103, TRADE CORNER SOCIETY SAKINAKA JUNCTION ANDHERI(E), MUMBAI-400 072. ./ ./PAN/GIR NO. AABAT-4669-A ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SATISH MODY-ADVOCATE REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD.SR.AR & 3. ./ I.T.A. NO.3907/MUM/2018 ( / ASSESSMENT YEAR: 2012-13) DCIT 32(3) ROOM NO.108, 1 ST FLOOR, C-11, PRATYAKSHKAR BHAVAN / VS. M/S. SURYA ENTERPRISES A-103, ADITYA TOWER CHANDAVARKAR ROAD 2 BKC, BANDRA MUMBAI-400 051. BORIVALI (W) MUMBAI-400 092. ./ ./PAN/GIR NO. ABWFS-8995-B ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : AJAY NAGPAL-CA REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD.SR.AR & 4. ./ I.T.A. NO.7914/MUM/2011 ( / ASSESSMENT YEAR: 2004-05) DCIT 3(3)(2) ROOM NO.609, 6TH FLOOR, AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. / VS. M/S. SUPARNA CHEMICALS LTD. 54A, MITTAL TOWER NARIMAN POINT MUMBAI-400 021. ./ ./PAN/GIR NO. AABCS-4578-F ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD.SR.AR & 5. ./ I.T.A. NO.3906/MUM/2018 ( / ASSESSMENT YEAR: 2013-14) DCIT - 32(3) ROOM NO.108, 1 ST FLOOR, C-11 PRATYAKSHKAR BHAVAN, BKC BANDRA, MUMBAI-400 051. / VS. M/S.SAGAR CONSTRUCTION C-402, GOKUL DIVINE, IRLA S.V. ROAD, VILE PARLE (W) MUMBAI-400 056. ./ ./PAN/GIR NO. AAGFS-8539-N ( /APPELLANT ) : ( / RESPONDENT ) & 6. C.O.NO.193/MUM/2019 (ARISING OUT OF ITA NO. 3906/MUM/2018) ( / ASSESSMENT YEAR: 2013-14) M/S.SAGAR CONSTRUCTION C-402, GOKUL DIVINE, IRLA S.V. ROAD, VILE PARLE (W) MUMBAI-400 056. / VS. DCIT - 32(3) ROOM NO.108, 1 ST FLOOR, C-11 PRATYAKSHKAR BHAVAN, BKC BANDRA, MUMBAI-400 051. ./ ./PAN/GIR NO. AAGFS-8539-N ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : D.D. ANJARIA- C.A. REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD.SR.AR 3 / DATE OF HEARING : 19/08/2019 / DATE OF PRONOUNCEMENT : 19/08/2019 / O R D E R PER BENCH 1. AFORESAID APPEALS, LISTED AT SERIAL NUMBERS 1 TO 5, BY REVENUE WITH RESPECT TO DIFFERENT ASSESSEE CONTEST SEPARATE ORDE RS OF LEARNED FIRST APPELLATE AUTHORITY. SINCE THE TAX EFFECT IN ALL TH ESE APPEALS IS STATED TO BE LESS THAN MONETARY LIMIT OF RS.50 LACS AS PRESCR IBED BY CENTRAL BOARD OF DIRECT TAXES IN ITS RECENTLY ISSUED CIRCUL AR NO.17/2019 DATED 08/08/2019 [F.NO.279/MISC.142/2007-TTJ(PT.) GOVERNM ENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE], ALL TH ESE APPEALS ARE BEING DISPOSED-OFF BY WAY OF THIS CONSOLIDATED ORDE R FOR THE SAKE OF CONVENIENCE & BREVITY. 2. UPON PERUSAL OF APPEAL FOLDERS, PRIMA FACIE, IT APPEARS THAT THE TAX EFFECT OF THE QUANTUM ADDITIONS BEING CONTESTED BY THE REVENUE IS LESS THAN PRESCRIBED LIMIT OF RS.50 LACS AND THE SAME IS COVERED BY RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.17/2019 DATED 08/08/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCUL AR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. THE LD. DEPARTMENTAL REPRESENTATIVE IS UNABLE TO POINT OUT ANY EXCEPTIONS IN THE APPEALS AS PROVIDED IN PARA-10 OF CIRCULAR NO. 3 OF 2018 DATED 11/07/2018. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IS BELOW PRESCRIBED LIMIT OF RS. 50 LACS AND THE 4 ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISS UED BY CBDT WHEREIN THE MINIMUM MONETARY LIMIT FOR FILING THE A PPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE BEEN FIXED AS UNDER: - S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 50.00,000 2 BEFORE HIGH COURT 1,00.00,000 3 BEFORE SUPREME COURT 2,00.00,000 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018, APPLIES TO PENDING APPEALS ALSO. IN VIE W OF THE ADMITTED POSITION, WE DISMISS THE REVENUES APPEAL LISTED AT SERIAL NUMBERS 1 TO 5 WHICH MAKES ASSESSEES CROSS-OBJECTION LISTED AT SE RIAL NO.6 INFRUCTUOUS. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF ANY APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEED S THE PRESCRIBED MONETARY LIMIT. 5. IN THE RESULT, THE APPEALS LISTED AT SERIAL NUMB ERS 1 TO 5 AS WELL AS CROSS-OBJECTION LISTED AT SERIAL NUMBER 6 STANDS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH AUGUST, 2019. SD/- SD/- (C.N. PRASAD) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 19/08/2019 SR.PS, JAISY VARGHESE 5 / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #!' / THE RESPONDENT 3. $ $ % ( ) / THE CIT(A) 4. $ $ % / CIT CONCERNED 5. &' ( ) , $ ) , / DR, ITAT, MUMBAI 6. '+,- / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.