DCIT- 16(2), MUMBAI V. BSR & COMPANY, MUMBAI

ITA 2548/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7872 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 25-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AVANEESH TIWARI
• Assessee Lawyers: ABHISHEK TILAK
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH, MUMBAI [BEFORE S H RI PRAMOD KUMAR, HONBLE VICE PRESIDENT & MS. MADHUMITA ROY, HONBLE JUDICIAL MEMBER ] I.T.A. NO. 2548 / MUM / 2018 ASSESSMENT YEAR: 2013 - 14 DY . COMMISSIONER OF INCOME TAX, CIRCLE - 16(2) , MUMBAI ... ........ .. . .. .. .. APPELLANT VS. M/S. BSR & COMPANY . ...... .. . . .... .. RESPONDENT LODHA EXCELUS, 1 ST FLOOR, APPOLLO MILLS COMPOUND, N.M. JOSHI MARG, MAHALAKSHMI, MUMBAI 400 011. [PAN: AAIFB 4734 C ] APPEARANCES BY: SHRI AVANEESH TIWARI , SR. D/R , APP EARING ON BEHALF OF THE REVENUE SHRI ABHISHEK TILAK, ADVOCATE APPEARED ON BEHALF OF THE A SSESSEE. DATE OF CONCLUDING THE HEARING : JANUARY 06, 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 9 , 2020 O R D E R PER MS. MADHUMITA ROY, JM THE APPEAL FILED AT THE INSTANCE OF THE REVENUE ARISING OUT OF THE ORDER OF THE ORDER PASSED BY THE LD. CIT(A) - 5 , MUMBAI DATED 30 .0 1 .201 8 UNDER SECTION 143(3) OF THE INCOME T AX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR A.Y. 2013 - 14 . 2 . AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT APPEAL FILED BY THE REVENUE IS HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. AS PER AFORESAID CIR CULAR, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 2 I.T.A. NO. 2548/MUM /2018 ASSESSMENT YEAR: 2013 - 14 M/S. BSR & COMPANY 3 . THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED THE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 20 19. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. MUMBAI , THE 9 TH DAY OF JANUARY , 2020 . SD/ - SD/ - [ PROMOD KUMAR ] [ MADHUMITA ROY ] VICE - PRESIDENT JUDICIAL MEMBER DATED : 9 . 0 1.2020 {BISWAJIT, S R. PS} C OPY OF THE ORDER FORWARDED TO: 1. M/S. BSR AND COMPANY, LODHA EXCELUS, 1 ST FLOOR, APPOLLO MILLS COMPOUND, N.M. JOSHI MARG, MAHALAKSHMI, MUMBAI 400 011. 2. DY. COMMISSIONER OF INCOME - TAX - 16(2), MUMBAI. 3. CIT(A) - 4. CIT - , 5. CIT(DR), MUMBAI BENCHES, MUMBAI . TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES