DCIT, CIRCLE-2, KALYAN V. SHRI BHAVIN RAMESHCHANDRA PATEL, MUMBAI

ITA 2053/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9121 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 04-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA KAUSHIK LD
• Assessee Lawyers: AJAY R SINGHLD
• Keywords: Tax effect

Judgement Text

1 ITA NO.2053/MUM/2018 SHRI BHAVIN RAMESHCHANDRA PATEL ASSESSMENT YEAR-2014-15 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.2053/MUM/2018 ( / ASSESSMENT YEAR:2014-15) D CIT CIRCLE - 2 , KALYAN 2 ND FLOOR MOHAN PLAZA KHADAKPADA, WAYALE NAGAR KALYAN (W) -421 301. / VS. SHR I BHAVIN RAMESHCHANDRA PATEL 12-A, LAXMI SAGAR APARTMENT KANSAI SECTION AMBERNATH-421 003. ./ ./PAN/GIR NO. AJPPP 5121 M ( ! /APPELLANT ) : ( '# ! / RESPONDENT ) !% / APPELLANT BY : MS. KAVITA KAUSHIK LD. DR '# !% / RESPONDENT BY : SHRI AJAY R. SING H LD. AR / DATE OF HEARING : 25/09/2019 / DATE OF PRONOUNCEMENT : 25/09/2019 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [AY] 2014-15 CONTEST THE ORDER OF FIRST APPELLATE AUTHORITY ON C ERTAIN GROUNDS OF APPEAL. 2. WHEN THE APPEAL WAS CALLED FOR HEARING, THE LEAR NED AUTHORIZED REPRESENTATIVE FOR ASSESSEE, AT THE OUTSET, DREW OU R ATTENTION TO THE FACT 2 ITA NO.2053/MUM/2018 SHRI BHAVIN RAMESHCHANDRA PATEL ASSESSMENT YEAR-2014-15 THAT THE TAX EFFECT OF THE QUANTUM ADDITIONS BEING CONTESTED BY THE REVENUE IN THE APPEAL IS BELOW THE THRESHOLD MONETARY LIMIT OF RS.50 LACS AS PRESCRIBED BY CENTRAL BOARD OF DIRECT TAXES IN ITS RECENTLY ISSUED CIRCULAR NO.17/2019 DATED 08/08/2019 [F.NO.279/MISC.142/2007 -TTJ(PT.) GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMEN T OF REVENUE] AND THEREFORE, THE APPEAL IS NOT MAINTAINABLE. THIS REC ENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCUL AR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. THE LD. DEPARTMENTAL REPRESENTATIVE IS UNABLE TO POINT OUT ANY EXCEPTIONS IN THE APPEALS AS PROVIDED IN PARA-10 OF CIRCULAR NO. 3 OF 2018 DATED 11/07/2018. THE PERUSAL OF COMPUTATION AS PLACED BEFORE US, PRIMA FACIE, ESTABLISHES THAT THE TAX EFFECT OF QUANTUM ADDITION BEING CONTE STED BY THE REVENUE IN THE APPEAL IS BELOW RS.50 LACS. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIBED LIMIT OF RS.50 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISSUED BY CBDT WHE REIN THE MINIMUM MONETARY LIMIT FOR FILING THE APPEALS BEFORE VARIOU S APPELLATE AUTHORITIES HAVE BEEN FIXED AS UNDER: - S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 50.00,000 2 BEFORE HIGH COURT 1,00.00,000 3 BEFORE SUPREME COURT 2,00.00,000 3 ITA NO.2053/MUM/2018 SHRI BHAVIN RAMESHCHANDRA PATEL ASSESSMENT YEAR-2014-15 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018, APPLIES TO THE PENDING APPEALS ALSO. IN VIEW OF THE ADMITTED POSITION, WE DISMISS THE APPEAL FILED BY THE REVENU E. 4. AT THE SAME TIME, A LIBERTY IS GRANTED TO REVENU E TO SEEK RECALL OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE ADDITIONS IN THE APPEAL AS AGITATED BY REVENUE EXCE EDS THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH SEPTEMBER,2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 25/09/2019 SR.PS:-JAISY VARGHESE => ?> / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '# ! / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. I J ' K , K , / DR, ITAT, MUMBAI 6. J LMN / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.