DCIT 1(2)(1), MUMBAI V. BRIGHTSTAR SYNTEX PVT.LTD., MUMBAI

ITA 2495/MUM/2021

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0102 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 29-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No. 2495/Mum./2021 (Assessment Year : 2014–15) Dy. Commissioner of Income Tax Circle–1(2)(1), Mumbai ................ Appellant v/s Brightstar Syntex Pvt. Ltd. 111/5A, Mittal Industrial Estate Sir M.V. Road, Andheri, Mumbai 400 059 PAN – AABCB9497L ................ Respondent Assessee by : Shri Vimal Punmiya, C.A. Revenue by : Shri C.T. Mathews, Sr. A.R. Date of Hearing – 04.05.2022 Date of Order – 06/06/2022 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present appeal has been preferred by the Revenue challenging the order dated 17/10/2021, passed under section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, for the assessment year 2014– 15. Brightstar Syntex Pvt. Ltd. ITA no.2495/Mum./2021 2 2. At the outset, the leaned A.R. appearing for the assessee submitted that vide impugned order disallowance of Rs. 4,04,711 was deleted and thus, the tax effect on the amount disputed by the Revenue is below the revised monetary limit of Rs.50 lakh applicable to appeals before the Tribunal, as per CBDT Circular no.17 of 2019, dated 8th August 2019. Further, he submitted, none of the exceptions provided in CBDT Circular no.3 of 2018, dated 11th July 2018 r/w circular F. no.279/Misc./142/2007– ITJ–(Pt) dated 20 th August 2018, would apply to Revenue’s appeal. Thus, the learned A.R. submitted that Revenue’s appeal being covered under the aforesaid Circulars is not maintainable. 3. The learned Departmental Representative could not produce any material before us to controvert the submission so made on behalf of the assessee. 4. Having considered the submissions and perused the material available on record, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeal is below the revised monetary limit of Rs. 50 lakh as per CBDT Circular no.17/2019, dated 8th August 2019, r/w CBDT Circular no.3/2018, dated 11th July 2018, r/w circular F. no.279/Misc./142/2007–ITJ–(Pt) dated 20 th August 2018. In view of the aforesaid, Revenue’s appeal deserves to be dismissed. However, the Revenue is given liberty to seek recall of this order if, at a later point of time, it is found that the appeal falls under any of the exceptions provided in the Circulars referred to above. Brightstar Syntex Pvt. Ltd. ITA no.2495/Mum./2021 3 5. In the result, appeal by the Revenue appeal is dismissed. Order pronounced in the open court on 06/06/2022 Sd/- PRAMOD KUMAR VIDE PRESIDENT Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 06/06/2022 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai; (6) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Assistant Registrar ITAT, Mumbai