DCIT-8(2)(1), MUMBAI V. PUNJABI GHASITARAM HALWAI PRIVATE LIMITED, MUMBAI

ITA 1641/MUM/2023

AI Insights

The case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, concerning the Assessment Year 2011-12. The appeal was related to an addition on account of bogus purchases. The assessee's representative argued that the appeal should be dismissed based on the low tax effect as per the CBDT Circular, which the Department's representative also admitted. Consequently, the Tribunal dismissed the appeal without delving into the merits of the case, noting the monetary threshold for filing appeals set by the CBDT.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136082 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 24-07-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 10-05-2023
• Laws Referred To: CBDT Circular No.17/2019 dated 08/08/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROHAN SHAH
• Keywords: Tax effect; Tax effect

Judgement Text

म ु ंबई ठ “एस एम स ” , म ु ंबई स , स सम! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER सं. 1641/म ु ं/2023 ( %. 2011-12) ITA NO.1641/MUM/2023(A.Y 2011-12) DCIT-8(2)(1), Mumbai Room No.624, 6 th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... ' /Appellant ब% म Vs. Punjabi Ghasitaram Halwai Private Ltd. 1, G.Ghasitaram Estate, Jasmine Mill Road, Mahim (East), Mumbai 400 017 PAN: AADCP-0964-G ..... ( ) /Respondent ' * / Appellant by : Shri Rohan Shah ( ) * /Respondent by : Shri Sunny Kachhwaha स ु % ई + ) / Date of hearing : 25/07/2023 ,-. + ) / Date of pronouncement : 25/07/2023 श/ ORDER This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [in short ‘the CIT(A)] dated 14/03/2023, for the Assessment Year 2011-12. 2. Shri Rohan Shah, appearing on behalf of the assessee submitted at the outset that appeal filed by the Revenue suffers from low tax effect in the light of CBDT Circular No. Circular No.17/2019 dated 08/08/2019. The ld. Authorized Representative of the assessee pointed that the relief granted by the CIT(A) is in 2 ITA NO.1641/MUM/2023(A.Y 2011-12) respect of addition on account of bogus purchase. As per Form-36 total tax effect is Rs.0.30 lakhs only. 3. Shri Sunny Kachhwaha , representing the Department fairly admitted that the tax effect involved in the appeal is less thanRs.50,00,000/-. 4. Both sides heard. Undisputedly, the tax effect involved in the appeal is less than Rs.50,00,000/- i.e. the monetary limit specified by the CBDT vide Circular No.17/2019 dated 08/08/2019(supra) for filing of appeals by the Revenue before the Tribunal. As per Form -36 the tax effect is only Rs.30,000/-. Thus, without going into merits of the issue raised in appeal, the present appeal by the Revenue is dismissed on account of low tax effect. 5. Before parting, it is clarified that the Revenue shall be at liberty to approach the Tribunal for restoration of appeal, with the requisite material to show that the appeal is protected by the exceptions prescribed in Para 10 of the Circular dated 11-07-2018 and its amendment dated 20/08/2018. 6. In the result, appeal by Revenue is dismissed. Order pronounced in the open Court on Tuesday the 25 th day of July, 2023. Sd/- (VIKAS AWASTHY) स /JUDICIAL MEMBER म ु ंबई/ Mumbai, 0 % ं /Dated 25 /07/2023 Vm, Sr. PS (O/S) 3 ITA NO.1641/MUM/2023(A.Y 2011-12) त ल प अ े षतCopy of the Order forwarded to : 1. '/The Appellant , 2. ( ) / The Respondent. 3. ु 1) CIT 4. 2 3 ( ) % , . . ., म ु बंई/DR, ITAT, Mumbai 5. 3 45 6 7 /Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar)/ Sr.Private Secretary ITAT, Mumbai