ITO 3(3)(3), MUMBAI V. SKYLARK TRAVELS P. LTD, MUMBAI

ITA 2596/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1331 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 10-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A MOHAN DR
• Assessee Lawyers: B V JHAVERI
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, J MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA NO.2596/MUM/2017 ASSESSMENT YEAR: 2012-13 INCOME TAX OFFICER-3(3)(3), ROOM NO.672, AAYAKAR BHAVAN, M. K. MARG, MUMBAI-400020 / VS. M/S SKYLARK TRAVELS PVT. LTD. 114, SHAHID BHAGAT SINGH MARG, PO BOX NO.19940, COLABA, MUMBAI-400005 ( !'# $ /ASSESSEE) ( / REVENUE) PAN. NO . AAACS9546A % & $ ' / DATE OF HEARING : 23/08/2018 & $ ' / DATE OF ORDER: 23/08/2018 ! / REVENUE BY SHRI A. MOHAN- DR !'# $ ! / ASSESSEE BY SHRI B. V. JHAVERI ITA NO.2596/MUM/2017 M/S SKYLARK TRAVELS PVT. LTD. 2 / O R D E R PER JOGINDER SINGH(JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 28/12/2016 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, DELETING THE ADDITIONS UNDER SECTION 41(1) OF THE I NCOME TAX ACT, 1961 (HEREINAFTER THE ACT), AMOUNTING TO RS.59 ,23,786/- ON ACCOUNT OF UNPROVED SUNDRY CREDITORS RELYING UPO N THE DECISION FROM HON'BLE BOMBAY HIGH COURT IN THE CASE OF SOLID CONTAINERS PVT. LTD. 308 ITR 417 (BOM.). 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, S HRI B.V. JHAVERI, LD. COUNSEL FOR THE ASSESSEE, POINTED OUT THAT THE TAX EFFECT IN THE PRESENT APPEAL, FILED BY THE REVE NUE, IS BELOW PRESCRIBED MONETARY LIMIT OF RS.20 LAKH. THE LD. DR , SHRI A. MOHAN, DID NOT CONTROVERT THE FACTUAL MATRIX, THOUG H HE DEFENDED THE ADDITION MADE BY THE LD. ASSESSING OFF ICER. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPE AL IS BELOW PRESCRIBED LIMIT OF RS.20 LAKHS, VIDE INSTRUCTION/C IRCULAR NO.3 OF 2018, ISSUED BY CBDT (F NO.279/MISC./142/ 2007-I TJ(PT) DATED 11/07/2018. AS PER THE CIRCULAR, WHEREIN, THE ITA NO.2596/MUM/2017 M/S SKYLARK TRAVELS PVT. LTD. 3 DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT E XCEED THE FOLLOWING MONETARY LIMIT:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 20,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 50,00,000/ - 3. BEFORE HONBLE SUPREME COURT 1,00 ,00,000/ - IT WAS EXPLAINED THAT WHILE GIVING EFFECT TO THE OR DER OF THE LD. COMMISSIONER OF INCOME TAX (APPEAL) DATED 28/12 /2016, THE TOTAL INCOME WAS REVISED AND THUS THE TAX EFFEC T WAS EXPLAINED TO BE LESS THAN PRESCRIBED MONETARY LIMIT . IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EFFECT IS LES S THAN RS.20,00,000/- (NOT CONTROVERTED BY LD. DR ALSO), C ONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THE REFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF HEARING ON 23/08/2018. SD/- SD/- ( MANOJ KUMAR AGGARWAL ) (JOGINDER SINGH) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER % MUMBAI; ) DATED :23/08/2018 ITA NO.2596/MUM/2017 M/S SKYLARK TRAVELS PVT. LTD. 4 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT (RESPECTIVE ASSESSEE) 2. ./,- / THE RESPONDENT. 3. 0 0 1$ ( + ) / THE CIT, MUMBAI. 4. 0 0 1$ / CIT(A)- , MUMBAI, 5. 34 .$! , 0 +' ! 5 , % / DR, ITAT, MUMBAI 6. 6' 7% / GUARD FILE. ! / BY ORDER, /! (DY./ASSTT. REGISTRAR) , % / ITAT, MUMBAI