DEPUTY COMMISSIONER OF INCOME TAX CIRCLE (IT)-4(1)(1), MUMBAI V. RELIANCE CORPORATE IT PARK LIMITED , MUMBAI

ITA 1449/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8692 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2015-2016
• Appeal Filed On: 08-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , I BENCH MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE- PRESIDENT AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO. 1449/MUM/2018 FOR ASSESSMENT YEARS: 2015-16 DCIT CIRCLE (IT)-4(1 )(1), ROOM NO. 1712, 17 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI-400021. VS M/S RELIANCE CORPORATE IT PARK LTD., BUILDING NO.4,5 TRANS THANE CREEK INDUSTRIAL AREA, THANE-BELAPUR ROAD, GHANSOLI, NAVI MUMBAI-400701. PAN : AABCD7169H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SREEKAR (CIT-DR) RESPONDENT BY : MS. SNEHA AGHARKAR (AR) DATE OF HEARING : 11/09/2019 DATE OF PRONOUNCEMENT: 11/09/2019 ORDER UNDER SECTION 254(1) O F INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THIS APPEAL BY REVENUE UNDER SECTION 253 OF INCOME TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-57, [CIT(A)], MUMBAI DATED 04.12.2017 FOR ASSESSMENT YE AR 2015-16. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORIZED REPRES ENTATIVE (AR) OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT IN ITS C IRCULAR NO.17/2019 DATED 8 TH AUGUST 2019, THEREFORE, THE APPEAL IS LIABLE TO BE DISMISSED. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTAT IVE (DR) FOR THE REVENUE AFTER GOING THROUGH THE GROUNDS OF APPEAL FAIRLY SU BMITS THAT THOUGH THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS LESS THAN THE MONETARY LIMIT OF TAX EFFECT FIXED BY CBDT IN A RECENT CIRCULAR, HOWEVER, THE REVENUE MAY BE ITA NO. 1449 MUM 2018-M/S RELIANCE CORPORATE IT PAR K LTD. 2 GIVEN LIBERTY TO GET THE APPEAL REVIVED IN CASE AT THE LATER STAGE IT IS DISCOVERED THAT THE TAX EFFECT IS MORE THAN THE MON ETARY LIMIT OF RS. 50 LAKHS. 4. CONSIDERING THE SUBMISSIONS OF BOTH THE LD. REPRESE NTATIVES OF THE PARTIES, WE FIND THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF RS. 50,00,000/- FIXED BY CBDT CIRCULAR NO. 17/2019 DATED 8TH AUGUST 2019, THEREFORE, THE APPEAL OF REVENUE IS DI SMISSED BEING NOT MAINTAINABLE. HOWEVER, THE REVENUE IS GRANTED LIBER TY TO GET THE APPEAL REVIVE IN CASE, AT LATER STAGE IT IS DISCOVERED THE TAX EF FECT OF MORE THAN RS. 50 LAKHS. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT O N THIS 11/09/2019. SD/- SD/- ( PRAMOD KUMAR) (PAWAN SING H) VICE-PRESIDENT JUDICIAL MEMBER MUMBAI, DATE: 11.09.2019 SK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI