DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), MUMBAI V. RAJENDRA P. JAIN, MUMBAI

ITA 1384/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4457 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 06-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV K GUBGOTRA LD
• Keywords: Tax effect

Judgement Text

ITA.NOS.1384 TO 1386/MUM/2018 RAJENDRA P.JAIN ASSESSMENT YEARS-2012-13 TO 2014-15 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.1384/MUM/2018 ( / ASSESSMENT YEAR:2012-13) DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3) ROOM NO.905, 9 TH FLOOR OLD CGO BUILDING, ANNEX BUILDING, M.K.ROAD MUMBAI-400 020 / VS. RAJENDRA P.JAIN 703, 1-B, DHEERAJ ENCLAVE SIDDARTH NAGAR, BORIVALI(E) MUMBAI- 400 066 ! ./ ./PAN/GIR NO. ABHPJ-0579-P ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) & ./I.T.A. NO.1385/MUM/2018 ( / ASSESSMENT YEAR:2013-14) DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3) ROOM NO.905, 9 TH FLOOR OLD CGO BUILDING, ANNEX BUILDING, M.K.ROAD MUMBAI-400 020 / VS. RAJENDRA P.JAIN 703, 1-B, DHEERAJ ENCLAVE SIDDARTH NAGAR, BORIVALI(E) MUMBAI- 400 066 ! ./ ./PAN/GIR NO. ABHPJ-0579-P ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) & ./I.T.A. NO.1386/MUM/2018 ( / ASSESSMENT YEAR:2014-15) DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3) ROOM NO.905, 9 TH FLOOR OLD CGO BUILDING, ANNEX BUILDING, M.K.ROAD MUMBAI-400 020 / VS. RAJENDRA P.JAIN 703, 1-B, DHEERAJ ENCLAVE SIDDARTH NAGAR, BORIVALI(E) MUMBAI- 400 066 ITA.NOS.1384 TO 1386/MUM/2018 RAJENDRA P. JAIN ASSESSMENT YEARS-2012-13 TO 2014-15 2 ! ./ ./PAN/GIR NO. ABHPJ-0579-P ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) ASSESSEE BY : NONE 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 APPEALS BY REVENUE FOR ASSESSMENT YEAR S [AY] 2012-13 TO 2014-15 CONTESTS COMMON ORDER OF LD. FIRST APPEL LATE AUTHORITY QUA CERTAIN RELIEF PROVIDED TO THE ASSESSEE. NONE HAS A PPEARED FOR ASSESSEE. THEREFORE, LEFT WITH NO OPTION, WE PROCEE D TO DISPOSE-OFF THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD A ND AFTER HEARING LD. DEPARTMENTAL REPRESENTATIVE [DR], SHRI RAJEEV K.GUBGOTRA. 2. AT THE OUTSET, IT HAS BEEN NOTICED THAT THE TAX EFFECT OF THE QUANTUM ADDITIONS IN EACH OF THESE AYS AS CONTESTED BY THE REVENUE IS LESS THAN PRESCRIBED LIMIT OF RS.20 LACS AND THE SAME IS COVE RED 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 NECES SARY INSTRUCTIONS / CERTIFICATE, IN THIS REGARD, WOULD B E REQUIRED FROM HIGHER AUTHORITIES. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IN EACH OF THE AYS IS BELOW PRES CRIBED LIMIT OF RS.20 ITA.NOS.1384 TO 1386/MUM/2018 RAJENDRA P. JAIN ASSESSMENT YEARS-2012-13 TO 2014-15 3 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISSUED BY CBDT WHEREIN THE MINIMUM MONETARY LIMIT FOR FILING THE APPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE BEEN FIXED AS UN DER:- 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 FOR ALL THESE AYS. 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 AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEEDS THE PRESCRIBED MONETARY LIMIT IN ANY OF THE AYS. 5. ALL THE APPEALS 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 ITA.NOS.1384 TO 1386/MUM/2018 RAJENDRA P. JAIN ASSESSMENT YEARS-2012-13 TO 2014-15 4 ! / 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 ITA.NOS.1384 TO 1386/MUM/2018 RAJENDRA P. JAIN ASSESSMENT YEARS-2012-13 TO 2014-15 5 SR. NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATION SHEETS ARE ATTACHED SELF- TYPED ON OWN COMPUTER / LAPTOP BY THE MEMBER SR.PS/PS 2 DRAFT DICTATED ON NOT APPLICABLE SR.PS/PS 3 DRAFT PLACED BEFORE AUTHOR NOT APPLICABLE SR.PS/PS 4 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 5 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 6 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 7 ORDER PRONOUNCEMENT ON SR.PS/PS 8 FILE SENT TO THE BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE AR 11 DATE OF DISPATCH OF ORDER