DCIT CEN CIR 2, THANE V. GHANSHYAM A DUBY, MUMBAI

ITA 100/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5527 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 05-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VIDHYADHAR
• Assessee Lawyers: DHARAN V GANDHI
• Keywords: Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI RAMLAL NEGI (JM) I.T.A. NO. 100 /MUM/ 2017 (ASSESSMENT YEAR 20 07 - 08 ) DCIT, CC - 2 ROOM NO. 13, A WING 6 TH FLOOR, ASHAR I.T. PARK, ROAD NO. 16 - Z, WAGLE INDUSTRIAL E STATE, THANE (W) V S . SHRI GHANSHYAM A. DUBEY FLAT NO. A - 1/104 ORCHID PLAZA R.K. THAKUR ROAD DAHISAR(EAST), MUMBAI. PAN : ADUPD8467F ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI DHARAN V. GANDHI DEPARTMENT BY SHRI V. VIDHYADHAR DATE OF HEARING 1 9 . 7 . 201 8 DATE OF PRONOUNCEMENT 19 . 7 . 201 8 O R D E R PER B.R. BASKARAN (AM) : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 27.10.2016 PASSED BY THE LEARNED CIT(A) - 11, PUNE AND IT RELATES TO A.Y. 2007 - 08. THE REVENUE IS AGGRIE VED BY THE DECISION OF THE LEARNED CIT(A) IN DELETING THE ADDITION OF ` 37 LAKHS RELATING TO UNEXPLAINED CASH DEPOSIT. 2. THE LEARNED AR SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN ` 20 LAKHS AND HENCE AS PER CIRC U L AR NO. 3/2018 DAT ED 11.7.2018, THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL. 3. THE LEARNED DR, HOWEVER, SOUGHT TIME TO GET CERTIFICATE FROM PCIT/CIT CONCERNED THAT THE GROUNDS URGED IN THIS APPEAL DO NOT FALL UNDER ANY OF THE EXCEPTION SPECIFIED IN THE SAID CIRCUL AR. HOWEVER, FROM THE AVAILABLE MATERIAL, LEARNED DR COULD NOT POINT OUT THAT THE ISSUE CONTESTED IN THIS APPEAL FALL IN ANY OF THE EXCEPTION S SPECIFIED IN THE CIRCULAR. 4. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LAKHS AND THE ISSUE CONTESTED HEREIN ALSO APPARENTLY DOES NOT FALL IN ANY OF THE EXCEPTIONS SPECIFIED IN THE CIRCULAR. ACCORDINGLY WE DISMISS THE SHRI GHANSHYAM A. DUBEY 2 APPEAL OF THE REVENUE IN LIMINE. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO MOVE MISCELLANEOUS APPLICAT ION SEEKING RECALL OF THIS ORDER, IF IT IS FOUND THAT THE ISSUE CONTESTED IN THIS APPEAL FALLS IN ANY OF THE EXCEPTION S PROVIDED IN PARAGRAPH 10 OF THE CIRCULAR. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE COURT ON 19.7. 201 8 . SD/ - SD/ - (RAMLAL NEGI) (B.R.BASKARAN) J U DICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 19 /7 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR P RIVATE S ECRETARY ) PS ITAT, MUMBAI