ITO 17 (1)(3), Mumbai V. M/S CHAITALIA BROTHERS, Mumbai

ITA 1544/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6471 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 14-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIK
• Keywords: Tax effect

Judgement Text

, ! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 1544 / /201 9 ((. . 2009-10 ) ITA NO. 1544/MUM/2019 (A.Y.2009-10) INCOME TAX OFFICER -17(1)(3), ROOM NO.135, 1 ST FLOOR, AAYKAR BHAVAN,M.K.ROAD, MUMBAI 400 020 / VS. M/S. CHITALIA MOHANDAS, FLAT NO.64, GARIBDAS STREET, VADGADI, MUMBAI 400 003 PAN/GIR NO:AAAFC1167G ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MS KAVITA P. KAUSHIK / DATE OF HEARING : 17/09/2020 / DATE OF PRONOUNCEMENT : 17/09/2020 / ORDER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) 55, MUMBAI [ IN SHORT THE CIT(A)] DATED 11/12/2018 FOR THE ASSESSMENT YEAR 2009-10. 2. MS. KAVITA P. KAUSHIK, REPRESENTING THE DEPARTM ENT STATED THAT THE TOTAL DISPUTED AMOUNT IN APPEAL IS RS1,20,488/-. HENCE, T HE APPEAL SUFFERS FROM LOW TAX EFFECT IN THE LIGHT OF RECENT CBDT CIRCULAR NO. 17/2019, DATED 08-08- 2019. 2 ITA NO. 1544/MUM/2019 (A.Y.2009-10) 3. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN THE APP EAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE BOARD FOR FILI NG OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VID E CIRCULAR DATED 08-08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRCULAR N O. 3 OF 2018 DATED 11-07-2018 THEREBY ENHANCING MONETARY LIMIT O F TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING OF APPEA LS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERITS OF THE ISSUE RAISED IN THE APPEAL, THE PRESENT APPEAL BY THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTE CTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DA TED 11-07-2018 AND ITS AMENDMENT DATED 20/08/2018. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT AT THE CONCLUSIO N OF HEARING ON TUESDAY THE 17 TH DAY OF SEPTEMBER, 2020 SD./- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, +(/ DATED: 17/09/2020 VM , SR. PS(O/S) 3 ITA NO. 1544/MUM/2019 (A.Y.2009-10) COPY OF THE ORDER FORWARDED TO : 1. , / THE APPELLANT , 2. -. / THE RESPONDENT. 3. /. ( )/ THE CIT(A)- 4. /. CIT 5. 01-.( , . . . , / DR, ITAT, MUMBAI 6. 12345 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI