ITO 21(3)(1), Mumbai V. RAHEJA ALTANTIS COOPERATIVE HOUSING SOCIETY LTD., Mumbai

ITA 1975/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4125 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 04-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHTAR HANSARI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.1975/M/2019 ASSESSMENT YEAR: 2014-15 INCOME TAX OFFICER- 21(3)(1), ROOM NO.207, 2 ND FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI - 400012 VS. M/S. RAHEJA ATLANTIS COOPERATIVE HOUSING SOCIETY LTD., SOCIETY OFFICE, RAHEJA ATLANTIS CO-OP HSG. SOC., GANPAT RAO KADAM MARG, LOWER PAREL, MUMBAI 400 013 PAN: AABAR1504J (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : NONE REVENUE BY : SHRI AKHTAR H. ANSARI, D.R. DATE OF HEARING : 01.10.2020 DATE OF PRONOUNCEMENT : 08.10.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ORDER DATED 09.01.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2014-15. 2. AT THE OUTSET, IT IS NOTICED THAT THE CBDT RECENTLY HAS AMENDED THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 VIDE CIRCULAR NO. 17/2019, F.NO. 279/MISC.142/2007-ITJ(PT.) DATED 08.08.2019 INCREASING THE LIMIT FOR FILING OF APPEAL BEFORE INCOME ITA NO.1975/M/2019 M/S. RAHEJA ATLANTIS COOPERATIVE HOUSING SOCIETY LTD. 2 TAX APPELLATE TRIBUNAL I.E. 50 LACS IN EACH OF THE CASE. WE NOTED THAT EARLIER CIRCULAR NO. 3 OF 2018 WAS MADE APPLICABLE TO PENDING APPEALS ALSO AND THIS CLAUSE OF THE CIRCULAR REMAINS UNCHANGED EVEN AFTER THE AMENDMENT. ADMITTEDLY, IN THIS CASE TAX EFFECT IS BELOW PRESCRIBED LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL BY THE REVENUE I.E. 50 LACS. 3. WHEN THIS WAS CONFRONTED TO THE LEARNED SR. DEPARTMENTAL REPRESENTATIVE, HE COULD NOT POINT OUT THAT THIS APPEAL FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN CIRCULAR NO. 17 OF 2019. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL OF REVENUE IS MUCH BELOW THE PRESCRIBED LIMIT OF FILING APPEAL BEFORE THE TRIBUNAL I.E. 50 LACS AS PER CBDT CIRCULAR NO. 17 OF 2019. IN VIEW OF THE ABOVE, THIS APPEAL OF REVENUE IS DISMISSED AS WITHDRAWN IN VIEW OF CIRCULAR NO. 17 OF 2019. 4. NOW, BEFORE US, THE LEARNED CIT DEPARTMENTAL REPRESENTATIVE ONLY REQUESTED THAT HE WANT TO VERIFY WHETHER THIS APPEAL FALLS UNDER ANY OF THE EXPLANATION PROVIDED IN CBDT CIRCULAR NO. 3/2018. HERE, WE ARE OF GIVING LIBERTY TO REVENUE THAT IN CASE, AFTER PASSING OF THE ORDER IT COMES TO THE NOTICE OF THE REVENUE THAT THIS APPEAL DOES NOT FALLS UNDER ANY EXPLANATION OF THE CBDT BY 3/18, THE AO CAN MOVE FOR RECALLING OF THE ORDER WITHIN THE PRESCRIBED TIME LIMIT UNDER SECTION 254 OF THE ACT. HENCE, THIS APPEAL IS DISMISSED AS LOW TAX EFFECT COVERED BY CBDT CIRCULAR NO. 17/2019. ITA NO.1975/M/2019 M/S. RAHEJA ATLANTIS COOPERATIVE HOUSING SOCIETY LTD. 3 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08.10.2020. SD/- SD/- (VIKAS AWASTHY) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 08.10.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.