ITO (EXEMPRION)-1(4) MUMBAI, MUMBAI V. KARNATAKA SANGHA, MUMBAI

ITA 2086/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5594 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 31-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI LD DR
• Assessee Lawyers: BHUPENDRA SHAH LD
• Keywords: Tax effect
• Section: 143(3); 11

Judgement Text

ITA NO.2086/MUM/2016 KARNATAKA SANGHA ASSESSMENT YEAR-2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM I.T.A. NO.2086/MUM/2016 ( ASSESSMENT YEAR: 2010-11) INCOME TAX OFFICER(EXEMPTION)-1(4 ) ROOM NO.507, 5 TH FLOOR PIRAMAL CHAMBER, LALBAUG MUMBAI-400 012 VS. KARNATAKA SANGHA DR. VISHVESHWARYASMARAKMANDIR MOGUL LANE, OFF. T.H.KATARIA MARG MAHIM, MUMBAI 400 016 ! ' PAN/GIR NO. AAATK-3204-A ( !# APPELLANT ) : ( $%!# RESPONDENT ) A SSESSEE BY : BHUPENDRA SHAH, LD. AR RE VENUE BY : RAM TIWARI, LD. DR & DATE OF HEARING : 24/07/2018 '() / DATE OF PRONOUNCEMENT : 31/07/2018 O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [AY] 2010-11 CONTEST THE ORDER OF THE LD. COMMISSIONER OF INCOME -TAX (APPEALS)- 07[CIT(A)], MUMBAI, APPEAL NO.CIT(A)-7/IT-22/4/2014-15 DATED 15/01/2016 QUA CERTAIN RELIEF PROVIDED TO THE ASSESSEE. THE ASSESS MENT FOR IMPUGNED AY WITH RESPECT TO ASSESSEE TRUST WAS FRAMED BY LD. ITA NO.2086/MUM/2016 KARNATAKA SANGHA ASSESSMENT YEAR-2010-11 2 INCOME TAX OFFICER (E)-II(1) U/S 143(3) ON 28/02/2 013 WHEREIN THE INCOME OF THE ASSESSEE WAS ASSESSED AT RS.47.53 LAC S AS AGAINST NIL RETURNED FILED BY THE ASSESSEE SINCE, THE ASSESSEE WAS DENIED THE EXEMPTION U/S 11. UPON FURTHER RELIEF, LD. CIT(A) H AS HELD THAT THE ASSESSEE WAS ENTITLED FOR EXEMPTION U/S 11 AND THER EFORE, THE IMPUGNED ADDITIONS COULD NOT BE SUSTAINED. AGGRIEVED, THE RE VENUE IS IN FURTHER APPEAL BEFORE US. 2. THE LD. AUTHORIZED REPRESENTATIVE FOR ASSESSEE [ AR], SHRI. BHUPENDRA SHAH, AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT THE TAX EFFECT OF THE QUANTUM ADDITIONS AS CONTESTED BY THE REVENUE IS LESS THAN PRESCRIBED LIMIT OF RS.20 LACS AND THE SAME IS COVE RED BY RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.03/2018 DATED 11/07/2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THE LD. DR, SHRI RAM TIWARI HAS CONTROVERTED THE SAME BY SUBMITTING THAT NECESSARY INSTRUCTIONS / CERTIFICATE, IN THIS REGARD, WOULD BE REQUIRED FROM HIGHER AUTHORITIES. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IS BELOW PRESCRIBED LIMIT OF RS. 20 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISS UED BY CBDT WHEREIN THE MINIMUM MONETARY LIMIT FOR FILING THE A PPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE BEEN FIXED AS UNDER:- S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 20.00,000 2 BEFORE HIGH COURT 50.00,000 3 BEFORE SUPREME COURT 1,00.00,000 ITA NO.2086/MUM/2016 KARNATAKA SANGHA ASSESSMENT YEAR-2010-11 3 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR APPLIES TO PENDING APPEALS ALSO. IN VIEW OF THE ADMITTED POSITION, WE DISMISS THE REVENUES APPEAL. 4. SO FAR AS THE CONTENTIONS RAISED BY LD. DR IS CO NCERNED, WE FIND THAT AFORESAID CIRCULAR DOES NOT ENVISAGE OBTAINING OF ANY CERTIFICATE FROM ANY AUTHORITIES, IN ANY MANNER. NEVERTHELESS, THE R EVENUE IS FREE TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER, IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR. 5. THE APPEAL STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JULY, 2018 SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER *& MUMBAI; DATED :31.07.2018 SR.PS:-THIRUMALESH ! COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. $%!# / THE RESPONDENT 3. / THE CIT(A) 4. / CIT CONCERNED 5. + ,$ - -) *& / DR, ITAT, MUMBAI 6. , ./0 & GUARD FILE ' / BY ORDER, # '$ % (DY./ASSTT.REGISTRAR) *& / ITAT, MUMBAI