ITO 6(3)(3), MUMBAI V. PARESH AMBALAL PATEL, MUMBAI

ITA 2047/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5532 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 22-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITTAL
• Keywords: Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI RAMLAL NEGI (JM) I.T.A. NO. 2047 /MUM/ 2017 (ASSESSMENT YEAR 20 09 - 10 ) ITO - 6(3)(3) ROOM NO. 524 AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. V S . M/S. PARESH AMBALAL P ATEL A - 2, MANI BHAVAN FIRST FLOOR, 45 SWASTIK SOCIETY, VILE PARLE(WEST) MUMBAI - 400 056. PAN : AADPP7814Q ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI HIRO RAI DEPARTMENT BY SHRI RAJAT MITTAL DATE OF HEARING 1 9 . 7 . 201 8 DATE OF PRONOUNCEMENT 19 . 7 . 201 8 O R D E R PER B.R. BASKARAN (AM) : THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 5.1.2017 PASSED BY THE LEARNED CIT(A) - 12, MUMBAI AND IT RELATES TO A.Y. 2009 - 10. THE REVENUE IS AGGRIEVED BY THE DECISION OF THE LEARNED CIT(A) I N DELETING THE ADDITION OF ` 52.32 LAKHS MADE U/S. 5 0 C OF THE ACT. 2. THE LEARNED AR SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN ` 20 LAKHS AND HENCE AS PER CBDT CIRCULAR NO. 3/2018 DATED 11.7.2018, THE REVENUE IS PRECLUDED FROM PUR SUING THIS APPEAL. 3. THE L EARNED DR, HOWEVER, SOUGHT TIME TO GET CERTIFICATE FROM PCIT/CIT CONCERNED THAT THE GROUNDS URGED IN THIS APPEAL DO NOT FALL UNDER ANY OF THE EXCEPTION SPECIFIED IN THE SAID CIRCULAR. HOWEVER, FROM THE AVAILABLE MATERIAL, LEARN ED DR COULD NOT POINT OUT THAT THE ISSUE CONTESTED IN THIS APPEAL FALL IN ANY OF THE EXCEPTION S SPECIFIED IN THE CIRCULAR. 4. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LAKHS AND THE ISSUE CONTESTED HEREIN A LSO APPARENTLY DOES NOT FALL IN 2 ANY OF THE EXCEPTIONS SPECIFIED IN THE CIRCULAR. ACCORDINGLY WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO MOVE MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER, IF IT IS FOUN D THAT THE ISSUE CONTESTED IN THIS APPEAL FALLS IN ANY OF THE EXCEPTION S PROVIDED IN PARAGRAPH 10 OF THE CIRCULAR. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 19 . 7 . 201 8 . SD/ - SD/ - (RAMLAL NEGI) (B.R.BASKARAN) J U DICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 19 /7 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR P RIVATE S ECRETARY ) PS ITAT, MUMBAI