ITO WD 29(2)(3), MUMBAI V. MAHAVIR REALTY, MUMBAI

ITA 2644/MUM/2017

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 3981 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 11-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI S . RIFAUR RAHMAN , AM & SHRI RA VISH SOOD , JM ./ I.T.A. NO . 2644 / MUM/ 2017 ( / ASSESSMENT YEAR: 2012 - 13 ) ITO WD 29(2)(3 ), BLDG NO. C - 10, R. NO. 204 ITO PRATYAKSHKAR BHAVAN, BKC BANDRA (E), M UMBAI - 400 051 / VS. MAHAVIR REALTY, SHOP NO. 8, MEHUL CINEMA, SHOPPING COMPLEX, NAHUR, RD. MULUND (W), M UMBAI - 400 080 ./ ./ PAN NO. AATFM 9707 E ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI JOTHILAKSHMI NAYAK , DR / RESPONDENTBY : SHRI POOJAN MEHTA / DATE OF HEARING : 16 .10 .201 9 / DATE OF PRONOUNCEMENT : 06.11.2019 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. COMMIS S IONER OF INCOME TAX (APPEALS) - 40 IN SHORT REFERRED AS LD. CIT(A) , MUMBAI, DATED 23.01.17 FOR A SSESSMENT YEAR (IN SHORT A Y ) 2012 - 13 . 2 I.T.A. NO. 26 44 /MUM/201 7 MAHAVIR REALTY 2 . AT THE OUTSET, LD. AR APPEARED ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT OF THE RELIEF GRANTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 50 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEALS BEFORE THE ITAT FROM THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS. IN THE LIGHT OF THE AFORESAID FACTS, HE SUBMITTED THAT THIS APPEAL IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED. 3 . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED THAT THIS APPEAL IS NOT MAINTAINABLE IN LIGHT OF THE AFORESAID CIRCULAR ISSUED BY THE CBDT. THE LD. DR ALSO DID NOT POINT OUT THAT THIS APPEAL FALLS IN ANY OF THE EXCEPTIONS CARVED OUT IN THE ABOVE SAID CIRCULAR. 4 . WE HAVE GONE THROUGH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF APPEALS. WE FIND THAT THE TAX EFFECT IN THE ABOVE REFERRED APPEAL IS LESS THAN RS. 50 3 I.T.A. NO. 26 44 /MUM/201 7 MAHAVIR REALTY LACS. ACCORDINGLY, WE DISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE/WITHDRAWN. 5 . IN THE NET RESULT, THE APPEAL FILED BY THE REVENUE STA NDS DISMISSED . ORDER PRONOUNCE D IN THE OPEN COURT ON 6 TH NOV , 20 19 . SD/ - SD/ - ( RAVISH SOOD ) (S. RIFAUR RAHMAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 06 . 11 .201 9 SR.PS . DHANANJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI