Deputy Commissioner of Income Tax (IT)-4(3)(2), Mumbai V. M/s Welltec AS, Mumbai

ITA 2694/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4713 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2015-2016
• Appeal Filed On: 01-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: YOGESH ASHER
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI , !',#$ ! % BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 2694/ / 2019 ($). . 2015-2016 ) ITA NO.2694/MUM/2019(A.Y.2015-2016) DY. COMMISSIONER OF INCOME TAX(IT) -4(3)(2), ROOM NO.1611, 16 TH FLOOR, AIR INDIA BUILDING,NARIMAN POINT, MUMBAI 400 021 ...... '+ / APPELLANT ) VS. M/S. WELLTEC AS, UNIT NO.406, TOWN CENTRE, ANDHERI KURLA ROAD, MAROL, OPP. TIMES SQUARE, ANDHERI(E) MUMBAI 400 059 PAN: AAACW7688K ..... $,/ RESPONDENT ASSESSEE BY : SHRI YOGESH ASHER REVENUE BY : SHRI S.S.IYENGAR )-$, '/ DATE OF HEARING : 01/02/2021 ./ -$, '/ DATE OF PRONOUNCEMENT : 01/02/2021 %/ ORDER PER VIKAS AWASTHY,JM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX APPEALS-58, MUMBAI [IN SHORT CIT(A)] D ATED 15/02/2019 FOR THE ASSESSMENT YEAR 2015-16. 2 ITA NO.2694/MUM/2017(A.Y.2015-2016) 2. SHRI S.S.IYENGAR , REPRESENTING THE DEPARTME NT FAIRLY ADMITTED AT THE OUTSET THAT APPEAL FILED BY THE REVENUE SUFFERS FROM LOW T AX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO. CIRCULAR NO.17/2019 DATED 08/08/2019. THE LD. DEPARTMENTAL REPRESENTATIVE POINTED THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THANRS.50,00,000/-. 3. HEARD. THE ONLY ISSUE ASSAILED IN APPEAL IS ADD ITION OF RS.58,19,371/- DELETED BY CIT(A). UNDISPUTEDLY, THE TAX EFFECT INVOLVED I N THE APPEAL IS LESS THAN RS.50,00,000/- I.E. THE MONETARY LIMIT SPECIFIED BY THE CBDT VIDE CIRCULAR NO.17/2019 (SUPRA) FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERITS OF THE ISSUE RAISED IN THE APPEAL, THE PRESENT APPEAL BY THE REVENUE IS DISMISSED ON ACCOU NT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY TH E EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2018 AND ITS AMENDMENT DATED 20/08/2018. 5. IN THE RESULT, APPEAL BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY THE 1ST DAY OF FEBRUARY, 2021. SD/- SD/- (PRAMOD KUMAR) (VIKAS AWAS THY) / VICE PRESIDENT #$ ! / JUDICIAL MEMBER / MUMBAI, 1)/ DATED 01/02/2021 VM , SR. PS (O/S) 3 ITA NO.2694/MUM/2017(A.Y.2015-2016) $,23%/, COPY OF THE ORDER FORWARDED TO : 1. '+ / THE APPELLANT , 2. $, / THE RESPONDENT. 3. 4, ( )/ THE CIT(A)- 4. 4, CIT 5. 56$,$) , . . . , / DR, ITAT, MUMBAI 6. 6789: / GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI