DEPUTY COMMISSIONER OF INCOME TAX CC-3(4), CENTRAL RANGE-3, MUMBAI V. SHRI JITENDRA V KIKAVAT, MUMBAI

ITA 1581/MUM/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 4004 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 12-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSHIL KUMAR PODDAR
• Assessee Lawyers: SOYOG BHAVA
• Keywords: Tax effect

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JM & SHRI S . RIFAUR RAHMAN, AM ./ I.T.A. NO . 1581 / MUM/ 2018 ( / ASSESSMENT YEAR: 20 1 0 - 11 ) D C IT CEN CIR 3 ( 4 ) , CENTRAL RANGE - 3, ROOM NO. 1915, 19 TH FLOOR, AIR INDIA BLDG., NARIMAN POINT, MUMBAI - 400 021. / VS. SHRI JITENDRA V. KIKAVAT, FLAT NO. 1201, D - WING, KUKREJA TOWERS, GARODIYA NAGAR, GHATKOPAR , MUMBAI - 400 077. ./ ./ PAN NO. AA BPK 6316 J ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI SUSHIL KUMAR PODDAR, DR / RESPONDENTBY : SHRI SOYOG BHAVA, AR / DATE OF HEARING : 05.12. 2019 / DATE OF PRONOUNCEMENT : 18 .12.2019 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. COMMIS S IONER OF INCOME TAX (APPEALS) - 5 1 IN SHORT REFERRED AS LD. CIT(A) , MUMBAI, DATED 1 3.12.2017 FOR A SSESSMENT YEAR (IN SHORT A Y ) 20 1 0 - 11 . 2 I.T.A. NO. 1581 /MUM/201 8 S HRI JITENDRA V. KIKAVAT 2 . AT THE OUTSET, WE NOTICE THAT THE TAX EFFECT OF THE RELIEF GRANTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 50 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), DEPA RTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEALS BEFORE THE ITAT FROM THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS. 3 . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED THAT THIS APPEAL IS COVERED BY THE AFORESAID CIRCULAR ISSUED BY THE CBDT. THE LD. DR SUBMITTED THAT IN CASE THIS APPEAL FALLS IN THE EXCEPTIONAL CASE, THE APPEAL MAY BE ALLOWED TO RECALL. 4 . WE HAVE GONE THROUGH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF APPEALS. WE FIND THAT THE TAX EFFECT IN THE ABOVE REFERRED APPEAL IS LESS THAN RS. 50 LACS. ACCORDINGLY, WE DISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE/WITHDRAWN. 3 I.T.A. NO. 1581 /MUM/201 8 S HRI JITENDRA V. KIKAVAT 5 . IN THE NET RESULT, THE APPEAL FILED BY THE REVENUE STA NDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH DEC , 20 19 . SD/ - SD/ - ( PAWAN SINGH ) (S. RIFAUR RAHMAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 18 . 12 .201 9 SR.PS . **PP / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI