ACIT CIR-33(2), MUMBAI V. M/S.LUCKY DIAMONDS, MUMBAI

ITA 2042/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0147 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 04-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K CHATURVEDI
• Keywords: Tax effect

Judgement Text

1 ITA 2042/MUM/2018 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH ' A', MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI G MANJUNATHA (ACCOUNTANT MEMBER) I.T.ANO. 2042/MUM/2018 (ASSESSMENT YEAR: 2013-14) ACIT, CIRCLE -33(2), MUMBAI VS M/S LUCKY DIAMONDS B-804, AKSHAR APARTMENTS-2, HEMUKALANI CROSS ROAD, KANDIVALI(WEST), MUMBAI-400067 PAN: AAEFL5517B APPELLANT RESPONDENT APPELLANT BY SHRI V.K. CHATURVEDI, - SR. DR RESPONDENT BY NONE DATE OF HEARING 24-06-2019 DATE OF PRONOUNCEMENT 24-06-2019 ORDER PER G MANJUNATHA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST ORDER OF THE CIT(A)- 45, MUMBAI, DATED 22-12-2017 AND IT PERTAINS TO AY 2013-14. 2. NONE APPEARED FOR THE ASSESSEE, WE HAVE HEARD ID . DR, PERUSED MATERIALS AVAILABLE ON RECORD AND GONE THROUGH ORDE RS OF THE AUTHORITIES BELOW. DURING COURSE OF HEARING, ID. DR SUBMITTED T HAT TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 2 0 LACS AND IN VIEW OF LATEST CBDT CIRCULAR NO. 3/2018 DATED 11-7-2018, APPEAL FIL ED BY THE REVENUE IS NOT MAINTAINABLE AND NEEDS TO BE DISMISSED. HE, FUR THER SUBMITTED THAT THE 2 ITA 2042/MUM/2018 REVENUE MAY BE ALLOWED TO FILE MISCELLANEOUS APPLIC ATION, IF REQUIRED, IN CASE THE ISSUE INVOLVED IN THIS APPEAL FALLS IN ANY OF THREE EXCEPTIONS AS PROVIDED IN SAID CIRCULAR. 3. HAVING CONSIDERED ARGUMENTS OF ID. DR, WE FIND T HAT, RECENTLY THE CBDT, HAD ISSUED A CIRCULAR NO. 3/2018 DATED 11-7-2018, S UPERSEDING ITS EARLIER CIRCULAR NO. 21/2015 AND ENHANCED MONETARY LIMIT FO R FILING APPEAL BEFORE VARIOUS APPELLATE AUTHORITIES, INCLUDING TRIBUNAL A ND ACCORDINGLY, ENHANCED MONETARY LIMIT TO RS. 20,00,000/- FOR FILING APPEAL BEFORE THE TRIBUNAL. FURTHER, IN SAID CIRCULAR, THE CBDT HAD INSTRUCTED IT S OFFICER'S TO FILE APPLICATION FOR WITHDRAWAL OF APPEALS WHICH HAVE BE EN ALREADY FILED AND PENDING BEFORE APPELLATE AUTHORITIES, IF CONDITIONS PRESCRIBED THEREIN ARE SATISFIED. WE, THEREFORE, BY TAKING INTO ACCOUNT TH E CBDT CIRCULAR NO. 3/2018 DATED 11-7-2018 AND ALSO CONSIDERING THE FAC T THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MON ETARY LIMIT FIXED BY THE CBDT FOR NOT FILING APPEAL BEFORE TRIBUNAL, DISMISSED APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE. HOWEVER, WE KEEP OPEN OPTION TO THE REVENUE TO FILE A MISCELLANEOUS APPLICATION, IF NEC ESSARY, IN CASE THE ISSUES INVOLVED IN THE PRESENT APPEAL COMES WITHIN 3 EXCEP TIONS AS PROVIDED IN PARA 10 OF SAID CIRCULAR AND CLAUSE (E) OF SUBSEQUE NT CIRCULAR. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. 3 ITA 2042/MUM/2018 ORDER PRONOUNCED IN THE OPEN COURT ON 24 H JUNE, 2019. SD/- SD/- (AMARJEET SINGH) (G MANJUNATHA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : 24 TH APRIL, 2019 PK/- COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI