DY CIT CENTRAL CIRCLE-4(1), MUMBAI V. M/S. VINOD KUMAR BAJAJ & COMPANY HUF, MUMBAI

ITA 1874/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2841 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 26-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N KABRA LD
• Assessee Lawyers: A K GHOSH LD
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM 1 . ./ I.T.A. NO. 1874 / MUM/ 20 20 ( / ASSESSMENT YEAR : 2008 - 09 ) 2 . ./ I.T.A. NO. 1877 / MUM/ 2 020 ( / ASSESSMENT YEAR : 2013 - 14 ) DCIT CEN CIR. 4(1) R. NO. 1918, 19 TH FLOOR AIR INDIA BUILDING, NARIMAN POIN T, MUMBAI - 400 021 / VS. M/S VINOD KUMAR BAJAJ & COMPANY HUF 108, 1 ST FLOOR, 24 - B RAJA BAHADUR COMPOUND, HAMAM STREET, FORT, MUMBAI - 23 ./ ./ PAN/GIR NO. AA AHV - 3639 - Q ( / APPELLANT ) : ( / RESPONDENT ) & 3 . ./ I.T.A. NO. 187 6 / MUM/ 2020 ( / ASSESSMENT YEAR : 20 08 - 09 ) DCIT CEN CIR. 4(1) R. NO. 1918, 19 TH FLOOR AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400 021 / VS. M/S RAMNIWAS BAJAJ & COMPANY HUF 108, 1 ST FLOOR, 24 - B RAJA BAHADUR COMPOUN D, HAMAM STREET, FORT, MUMBAI - 23 ./ ./ PAN/GIR NO. AAAHR - 6693 - G ( / APPELLANT ) : ( / RESPONDENT ) REVENUE BY : SHRI S. N. KABRA LD. SR. DR ASSESSEE BY : SHRI A. K. GHOSH LD. AR / DATE OF HEARING : 26 /10 /2021 / DATE OF PRONOUNCEMENT : 26/10/2021 2 / O R D E R PER BENCH 1. DURING HEARING OF CAPTIONED APPEALS BY REVENUE, LD. AR SUBMITTED THAT THE APPEALS ARE NOT MAINTAINABLE IN TERMS OF CBDT C IRCULAR NO. 17/2019 DATED 08/0 8/2019 [F.NO.279/MISC.142/2007 - TTJ(PT.) SINCE THE TAX EFFECT IN EACH OF THE APPEAL IS BELOW RS.50 LACS. FOR THE SAME, OUR ATTENTION HAS BEEN DRAWN TO FORM NO.36 WHICH MENTIONS THE QUANTUM OF TAX EFFECT. THE LD. AR ALSO DREW ATTENTION TO PARA - 3 OF THE CIRCU LAR WHICH MANDATE LD. AO TO COMPUTE TAX EFFECT SEPARATELY FOR EACH OF THE YEAR IN CASE OF EVEN COMPOSIT E ORDERS OF APPELLATE AUTHORITY . THE LD. DR COULD NEITHER CONTROVERT THE SAME NOR COULD POINT OUT ANY EXCEPTION AS GIVEN IN ANY OF THE CIRCULAR. 2 . UPO N PERUSAL OF RECORD, WE FIND THAT THE APPEALS ARE NOT MAINTAINABLE IN TERMS OF LOW TAX EFFECT CIRCULAR ISSUED BY CBDT VIDE C IRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007 - TTJ(PT.) . THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIX ED IN EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. HENCE, ALL THE THREE APPEALS STAND DISMISSED WITH A LIBERTY TO REVENUE TO SEEK RECALL OF THE APPEAL S , IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR IN CASE THE TAX EFFECT IN ANY OF THE APPEALS E XCEEDS THE PRESCRIBED MONETARY LIMIT . 3 3 . RESULTANTLY, ALL THE APPEAL S STANDS DISMISSED. ORDER PRONOUNCED ON 26 TH OCTOBER , 2021. SD/ - SD/ - (SAKTIJIT DEY ) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 26 /10 /2021 SR.PS, DHANANJAY / 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 FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUM BAI.