ACIT 17(3), MUMBAI V. RAJNISH R. KHANNA, MUMBAI

ITA 11/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5436 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 02-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI LD
• Assessee Lawyers: YOGESH RAMGIRI LD
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

ITA NO.11/MUM/2017 RAJNISH R. KHANNA ASSESSMENT YEAR-2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.11/MUM/2017 ( / ASSESSMENT YEAR: 2007-08) ASSISTANT COMMISSIONER OF INCOME TAX-17(3) ROOM NO.137,1 ST FLOOR AAYKAR BHAVAN, M.K.ROAD MUMBAI-400 020 / VS. RAJNISH R. KHANNA 4 TH FLOOR, MISTRY BUILDING 635 GIRGAON ROAD, DHOBI TALAO NEAR METRO CINEMA MUMBAI-400 002 ! ./ ./PAN/GIR NO. ACIPK-4676-L ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) A SSESSEE BY : YOGESH RAMGIRI, LD. AR RE VENUE BY : RAM TIWARI, LD. DR / DATE OF HEARING : 19/07/2018 / DATE OF PRONOUNCEMENT : 25/07/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [AY] 2007-08 CONTEST THE ORDER OF THE LD. COMMISSIONER OF INCOME -TAX (APPEALS)-28 [CIT(A)], MUMBAI, APPEAL NO.CIT(A)-28/IT-431/ACIT-17(3)/2015-16 DATED 20/10/2016 QUA DELETION OF DISALLOWANCE OF SAMPLE EXPENSES OF RS.38.49 LACS AS MADE BY LD. AO IN THE QUANTUM ASSE SSMENT U/S ITA NO.11/MUM/2017 RAJNISH R. KHANNA ASSESSMENT YEAR-2007-08 2 143(3) VIDE ORDER DATED 30/03/2015. THE LD. CIT(A) HAS DELETED THE SAME ON MERITS AFTER CONSIDERING ASSESSEES SUBMISS ION, AGAINST WHICH THE REVENUE IS IN FURTHER APPEAL BEFORE US. 2. AT THE OUTSET, IT IS NOTED THAT TAX EFFECT OF TH E QUANTUM ADDITIONS AS CONTESTED BY THE REVENUE IS LESS THAN PRESCRIBED LI MIT OF RS.20 LACS AND THE SAME IS COVERED BY RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.03/2018 DATED 11/07/2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THE LD. DR, SHRI RAM TIWARI HAS CONTROVERTED THE SAME BY SUBMITTING THAT NECESSARY INSTRUCTIONS / CERTIFICAT E, IN THIS REGARD, WOULD BE REQUIRED FROM HIGHER AUTHORITIES. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IS BELOW PRESCRIBED LIMIT OF RS. 20 LACS AND THE 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 20.00,000 2 BEFORE HIGH COURT 50.00,000 3 BEFORE SUPREME COURT 1,00.00,000 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR APPLIES TO PENDING APPEALS ALSO. IN VIEW OF THE ADMITTED POSITION, WE DISMISS THE REVENUES APPEAL. 4. SO FAR AS THE CONTENTIONS RAISED BY LD. DR IS CO NCERNED, WE FIND THAT AFORESAID CIRCULAR DOES NOT ENVISAGE OBTAINING OF ANY CERTIFICATE FROM ITA NO.11/MUM/2017 RAJNISH R. KHANNA ASSESSMENT YEAR-2007-08 3 ANY AUTHORITIES, IN ANY MANNER. NEVERTHELESS, THE R EVENUE IS FREE TO MOVE APPROPRIATE APPLICATION TO RECALL THIS LETTER, IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR. 5. THE APPEAL STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY, 2018 SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 25.07.2018 SR.PS:-THIRUMALESH ! / COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. $%!# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$ - , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI