DCIT (IT) 4(1)(1), Mumbai V. M/S RELIANCE GLOBALCOM.LTD, Mumbai

ITA 2319/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3732 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2015-2016
• Appeal Filed On: 12-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K ANHAIYA LAL KANAK LD; UPON PERUSAL OF
• Keywords: Tax effect
• Section: 20

Judgement Text

ITA NO.2319/MUM/2019 ASSESSMENT YEAR: 2015-16 RELIANCE GLOBALCOM LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.2319/MUM/2019 ( / ASSESSMENT YEAR : 2015-16 ) DCIT (IT) - 4(1)(1) ROOM NO. 1712, 17 TH FLOOR AIR INDIA BUILDING NARIMAN POINT MUMBAI 400 021 / VS. RELI ANCE GLOBALCOM LTD. C/O S.V. DOSHI & CO. 602-E, NEELKANTH BUILDING 98, MARINE LINES MUMBAI 400 021 '( ! ./ ! ./PAN/GIR NO. AAACF-4015-D ( (* /APPELLANT ) : ( +,(* / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI KANHAIYA LAL KANAK LD. DR / DATE OF HEARING : 22/10/2020 / DATE OF PRONOUNCEMENT : 09/11/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. IN THIS APPEAL, THE REVENUE ASSAILS THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-58, MUMBAI [CIT(A)], APPEAL NO. CIT(A)-58, MUMBAI / 10588/2017-18 DATED 28/01/2019 ON CERTAIN GROUNDS OF APPEAL AS ANNEXED WITH FORM NO. 36. ITA NO.2319/MUM/2019 ASSESSMENT YEAR: 2015-16 RELIANCE GLOBALCOM LIMITED 2 2. ALTHOUGH NONE APPEARED FOR ASSESSEE, HOWEVER, UP ON PERUSAL OF CASE RECORDS, IT TRANSPIRES THAT AS PER COLUMN-10 O F FORM-36, THE TAX EFFECT OF QUANTUM ADDITIONS AS DISPUTED BY THE REVE NUE IS STATED TO BE RS.27,93,867/- WHICH IS BELOW THRESHOLD LIMIT OF RS .50 LACS AND THEREFORE, THE APPEAL IS NOT MAINTAINABLE IN TERMS OF LATEST LOW TAX EFFECT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MIS C. 142/2007- TTJ(PT.) ISSUED BY CBDT. THIS RECENT CIRCULAR FURTH ER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 20 18 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. 3. THE LEARNED DR COULD NOT CONTROVERT THE AFORESAI D FACT. NO EXCEPTIONS HAVE BEEN POINTED OUT. THEREFORE, THE AP PEAL IS, PRIMA-FACIE, NOT MAINTAINABLE IN TERMS OF AFORESAID CIRCULAR ISS UED BY CBDT AND HENCE, LIABLE TO BE DISMISSED. WE ORDER SO. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE 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 ANY OF THE CIRCULAR OR IN CA SE THE TAX EFFECT AS AGITATED BY REVENUE EXCEEDS THE PRESCRIBED MONETARY LIMIT. 5. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH NOVEMBER, 2020. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 09/11/2020 SR.PS, JAISY VARGHESE ITA NO.2319/MUM/2019 ASSESSMENT YEAR: 2015-16 RELIANCE GLOBALCOM LIMITED 3 / COPY OF THE ORDER FORWARDED TO : 1. (* / THE APPELLANT 2. +,(* / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. 2 3+4 , 4 , / DR, ITAT, MUMBAI 6. 3 567 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.