ITO-17(2)(3), MUMBAI V. SHRI VINOD SHANTILAL BHALANI, MUMBAI

ITA 2567/MUM/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5572 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 04-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJASWAROOP LD SR DR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

ITA.NO.2567/MUM/2013 VINOD SHANTILAL BHALANI ASSESSMENT YEAR-2009-10 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM I.T.A. NO.2567/MUM/2013 ( ASSESSMENT YEAR:2009-10) INCOME TAX OFFICER - 17(2)(3) ROOM NO.210, 2 ND FLOOR PIRAMAL CHAMBERS PAREL,MUMBAI-400 012 VS. VINOD SHANTILAL BHALANI 56/57, MEHTA BUILDING 2 ND FLOOR, PLOT NO.263A LAKHAMSHINAPOO ROAD MATUNGA,MUMBAI-400 019 ! ' PAN/GIR NO. AABPB-8005-F ( !# APPELLANT ) : ( $%!# RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : POOJASWAROOP, LD. SR.DR & DATE OF HEARING : 23/07/2018 '() / DATE OF PRONOUNCEMENT : 31/07/2018 O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY REVENUE FOR ASSESSMENT Y EAR [AY] 2009- 10 CONTEST THE ORDER OF LD. COMMISSIONER OF INCOME- TAX (APPEALS)-29 [CIT(A)], MUMBAI, APPEAL NO. CIT(A)-29/RG-17/300/11-12DATED 18/01/2013 QUA CERTAIN RELIEF PROVIDED TO THE ASSESSEE AGAINST ADD ITIONS MADE BY LD. AO IN AN ASSESSMENT U/S 143(3) VIDE ORD ER DATED 28/02/2011. NONE HAS APPEARED FOR ASSESSEE DESPITE NOTICE AND ITA.NO.2567/MUM/2013 VINOD SHANTILAL BHALANI ASSESSMENT YEAR-2009-10 2 THEREFORE, LEFT WITH NO OPTION, WE PROCEED TO DISPO SE-OFF THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEA RING LD. DEPARTMENTAL REPRESENTATIVE, MS. POOJA SWAROOP . 2. AT THE OUTSET, IT HAS BEEN NOTICED 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 COVERED BY RECENTLY ISSU ED LOW TAX EFFECT CIRCULAR NO.03/2018 DATED 11/07/2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THE LD. DR, MS. POOJA SWAROOP, HAS CONTROVERTED THE SAME BY SUBMITTING THAT NECESSARY INSTRUCTIONS / CE RTIFICATE, 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 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 ITA.NO.2567/MUM/2013 VINOD SHANTILAL BHALANI ASSESSMENT YEAR-2009-10 3 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