ACIT-27(3), Mumbai V. SMT.SOSARDEVI GANESHLAL KACHHARA, Mumbai

ITA 1254/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4470 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2007-2008
• Appeal Filed On: 05-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV K GUBGOTRA LD
• Assessee Lawyers: JAYANT PATEL LD
• Keywords: Tax effect

Judgement Text

ITA.NO.1254/MUM/2017 SOSARDEVI GANESHLAL KACHHARA ASSESSMENT YEAR-2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.1254/MUM/2018 ( / ASSESSMENT YEAR:2007-08) ASSISTANT COMMISSIONER OF INCOME TAX-27(3) ROOM NO.423,4 TH FLOOR TOWER NO.6 VASHI RAILWAY STATION VASHI, NAVI MUMBAI-400 705 / VS. SOSARDEVI GANESHLAL KACHHARA 903, KAILASH TOWERS VALLABH BAUG LANE GHATKOPAR (EAST) MUMBAI-400 077 ! ./ ./PAN/GIR NO. AGPPK-2410-B ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) ASSESSEE BY : JAYANT PATEL, LD. AR REVENUE BY : RAJEEV K. GUBGOTRA, LD. DR / DATE OF HEARING : 10/08/2018 / DATE OF PRONOUNCEMENT : 10/08/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [AY] 2007-08 CONTESTS THE ORDER OF LD. FIRST APPELLATE AUTHORITY QUA CERTAIN RELIEF PROVIDED TO THE ASSESSEE. ITA.NO.1254/MUM/2017 SOSARDEVI GANESHLAL KACHHARA ASSESSMENT YEAR-2007-08 2 2. THE LD. AUHTORIZED REPRESENTATIVE [AR], SHRI JAYANT PATEL , AT THE OUTSET, POINTED OUT THAT THE TAX EFFECT OF THE QUAN TUM 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. RAJIV K. GUBGOTRA, HAS CONTROVERTED THE SAME BY SUBMITTING THAT NECESSARY INSTRUCTIONS / CERTIFI CATE, 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 ANY AUTHORITIES, IN ANY MANNER. NEVERTHELESS, THE R EVENUE IS FREE TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER, IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE ITA.NO.1254/MUM/2017 SOSARDEVI GANESHLAL KACHHARA ASSESSMENT YEAR-2007-08 3 AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEEDS THE PRESCRIBED MONETARY LIMIT. 5. THE APPEAL STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH AUGUST, 2018. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 10/08/2018 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