ITO(E) -2(2), MUMBAI V. SHRI RAJASTHANI SEVA SANGH, MUMBAI

ITA 1793/MUM/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5060 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 19-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K BEPARIDR
• Keywords: Tax effect
• Section: 11

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NOS.1793 & 1794/MUM/2018 ASSESSMENT YEAR:2009-10 & 2010-11 INCOME TAX OFFICER(E)-2(2), ROOM NO.502, PIRAMAL CHAMBERS, LAL BAUG, PAREL, MUMBAI-4000012 / VS. M/S.RAJASTHANI SEVA SANGH J.B. NAGAR, SHRENIWAS BAGARIKA MARG, ANDHERI(E), MUMBAI-400059 / REVENUE / ASSESSEE P.A. NO . AAATR3163K $ % & / REVENUE BY SHRI S.K. BEPARI-DR $ % & / ASSESSEE BY SHRI RAKESH JOSHI / DATE OF HEARING 11/10/2018 & / DATE OF ORDER: 11/10/2018 & / O R D E R THESE TWO APPEALS ARE BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 18/12/2017 OF THE LD. FIRST AP PELLATE AUTHORITY, MUMBAI, WITH RESPECT TO ALLOWING THE CLA IM OF ITA NO.1793 & 1794/MUM/2018 RAJASTHANI SEVA SANGH 2 EXEMPTION UNDER SECTION 11 OF THE INCOME TAX ACT, 1 961 (HEREINAFTER THE ACT). 2. DURING HEARING OF THESE APPEALS, AT THE OUTSET, SHRI RAKESH JOSHI , LD. COUNSEL FOR THE ASSESSEE, POINTED OUT THAT THE TAX EFFECT IN THE PRESENT APPEALS IS BELOW PRES CRIBED MONETARY LIMIT OF RS.20 LAKH. THE LD. DR, SHRI S. K . BEPARI, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEALS IS BELOW PRESCRIBED LIMIT OF RS.20 LAKH, VIDE INSTRUCTION/CIRCULAR NO.3 OF 2018, ISSUED BY CBDT ( F NO.279/MISC./142/ 2007-ITJ(PT) DATED 11/07/2018. A S PER THE CIRCULAR, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 20,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 50,00,0 00/ - 3. BEFORE HONBLE SUPREME COURT 1,00,00,000/ - ITA NO.1793 & 1794/MUM/2018 RAJASTHANI SEVA SANGH 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.20,00,000/- (NOT CONTROVERTED BY LD. D R ALSO), CONSEQUENTLY, THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 11/10/2018. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 11/10/2018 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * ( '#$ ) / THE CIT, MUMBAI. 4. ) ) * / CIT(A)- , MUMBAI 5. -./ ' , ) '#$ ' 1 , / DR, ITAT, MUMBAI 6. /2 3$ / GUARD FILE. & / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI