DY. COMMISSIONER OF INCOME TAX-5(2)(1), MUMBAI V. ADITYA BIRLA HOUSING FINANCE LIMITED, MUMBAI

ITA 4567/MUM/2024

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax against Aditya Birla Housing Finance Limited concerning an addition of Rs. 1,73,13,000 on account of Employee Insurance Policy Premium, which the Assessing Officer (AO) considered personal in nature. The Learned Commissioner of Income Tax (Appeals) deleted this addition. However, the department's appeal to the Income Tax Appellate Tribunal became infructuous following a circular that raised the monetary limit for appeals to Rs. 60 lacs, as the tax effect in this case was below that amount.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 34687 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-10-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 05-09-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside; Tax effect
• Section: 250

Judgement Text

"Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI. NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER AND SHRI. RAJ KUMAR CHAUHAN, JUDICIAL MEMBER ITA NO. 4567/MUM/2024 (A.Y: 2018-19) Deputy Commissioner of Income Tax Circle 5(2)(1) Room No. 571, 5th Floor, Aayakar Bhavan, M. K. Road, Mumbai – 400020. Vs. Aditya Birla Housing Finance Limited 18th Floor, Tower 1, One World Centre, Jupiter Mill Compound, 841, Senapati, Bapat Marg, Elphinstone Road, Mumbai – 400030. PAN: AABCL6440R (Appellant) (Respondent) Assessee Represented by : Shri. Ankit Maheshwari Department Represented by : Shri. Lieder Panicker (SR. DR.) Date of conclusion of Hearing : 10.10.2024 Date of Pronouncement : 11.10.2024 O R D E R PER RAJ KUMAR CHAUHAN (J.M.): 1. This appeal is filed by the appellant/assessee against the order dated 11.07.2024 of Learned Commissioner of Income Tax (Appeals), National ITA No. 4567/Mum/2024 Aditya Birla Housing Finance Limited; A.Y. 2018-19 Page | 2 Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as the “CIT(A)”], passed under section 250 of the Income Tax Act, 1961 [hereinafter referred to as “the Act”] for the A.Y. 2018-19. 2. The assessee is in appeal before us and has raised following grounds of appeal: 1. \"Whether on the facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the addition of Rs. 1,73,13,000/- on account of Employee Insurance Policy Premium made by AO, Ignoring the fact that Insurance Expenses on account of employees are personal in nature.\" 2. The appellant prays that the order of the CIT(A) on the grounds be set aside and confirm the order of the AO.” 3. During the arguments, the Ld. DR very fairly submitted that the department appeal has become infructuous by virtue of circular no. 9/2024 dated 17.09.2024, wherein the monetary limit for tax effect for filing appeal before Income Tax Appellate Tribunal has been raised upto Rs. 60 lacs. It is submitted that the tax effect in this appeal is below 60 lacs and as such the appeal has become infructuous and same may be disposed off accordingly. ITA No. 4567/Mum/2024 Aditya Birla Housing Finance Limited; A.Y. 2018-19 Page | 3 4. We have also heard the Ld. AR on behalf of the assessee, who has supported the submissions of the Ld. DR, and stated that since the appeal is not maintainable and has become infructuous. 5. We have considered the submissions and examined the record. In view of the enhancement of the monetary limit for filing the departmental appeal wherein the tax effect for filing the appeal should be Rs. 60 Lacs or above and the tax effect in this appeal has been shown to be Rs. 59,91,683/-; in view of these facts and the submissions made by the Ld. DR, the appeal filed by the department is accordingly dismissed having become infructuous. 6. In the result, appeal filed by the department is accordingly dismissed having become infructuous. Order pronounced in the open court on 11.10.2024 Sd/- Sd/- (NARENDRA KUMAR BILLAIYA) (RAJ KUMAR CHAUHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Mumbai / Dated 11.10.2024 Karishma J. Pawar, (Stenographer) ITA No. 4567/Mum/2024 Aditya Birla Housing Finance Limited; A.Y. 2018-19 Page | 4 Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER (Asstt. Registrar) ITAT, Mumbai "