ACIT - 16(2), MUMBAI V. BSR & ASSOCIATES LLP, MUMBAI

ITA 2846/MUM/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5365 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 20-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAILASH C KANOJIYA
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I , BENCH MUMBAI BEFORE SHRI M. BALAGANESH , AM & SHRI AMARJIT SINGH , JM ITA NO. 2846 /MUM/ 2017 ( ASSESSMENT YEAR .2012 - 13 ) ASSESSMENT. COMMISSIONER OF INCOME - TAX 16(2) ROOM NO.440, 4 TH FLOOR, AAYAKA R BHAVAN, M.K. ROAD, MUMBAI - 400020 . VS. M/S. BSR & ASSOCIATES LLP LODHA EXCELUS, 1 ST FLOOR, APPOLLO MILLS COMPOUND N.M. JOSHI MARG, MUMBAI - 4000 11 . PAN/GIR NO.AADFB6889R ITA NO. 3254 / MUM/ 201 8 ( ASSESSMENT YEAR .201 3 - 1 4 ) DY. COMMISSIONER OF INCOME - TAX - 16(2) ROOM NO.479, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 . VS. M/S. BSR & COMPANY LODHA EXCELUS, 1 ST FLOOR, APPOLLO MILLS COMPOUND, N. M. JOSHI MARG, MAHALAKSHMI, MUMBAI - 400011 . PAN/GIR NO. AAIFB7357B APPELLANT ) .. RESPON DENT ) REVENUE BY SHRI KAILASH C. KANOJIYA (SR . D R) ASSESSEE BY SHRI ABHISHEK TILAK/ARIJIT CHAKRAVARTY DATE OF HEARING 14 / 10 / 201 9 DATE OF PRONOUNCEMENT 14 / 10 / 201 9 O R D E R PER AMARJIT SINGH (J .M) : THESE APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST ORDER OF THE CIT(A) - 5 , MUMBAI DATED 02 /0 1 /201 7 & 28.02.2018 AND IT PERTAINS TO AY S. 2012 - 1 3 & 2013 - 14 . 2. WE HAVE HEARD THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. DURING COURSE OF HEARING, LD. DR FOR THE REVENUE SUBM ITTED THAT TAX EFFECT INVOLVED IN THESE APPEAL S FILED BY THE REVENUE IS LESS THAN RS. 5 0 LACS AND IN VIEW OF LATEST CBDT CIRCULAR NO. 3/2018 DATED 11 - 7 - 2018, AND ALSO MODIFIED CIRCULAR NO. 17/2019 DATED 08/08/2019 , APPEAL FILED BY THE REVENUE ARE NOT MAINT AINABLE AND NEEDS TO BE DISMISSED. THE LD. DR, FURTHER ARGUED THAT, THE ISSUE INVOLVED IN ITA NOS2846 /M/201 7 & 3254/M/2018 A.Y S . 2012 - 13 & 201 3 - 1 4 2 THESE APPEAL S ARE APPEARS TO BE COVERED BY EXCEPTION PROVIDED UNDER CLAUSE (E) OF SUBSEQUENT CIRCULAR AND THEREFORE, IF REQUIRED THE REVENUE SHALL BE ALLOWED TO FILE MISCELLANEOUS APPLICATION TO RE - CALL THE ORDER. WE, FIND THAT, THE CBDT, RECENTLY HAD ISSUED A CIRCULAR NO. 3/2018 DATED 11 - 7 - 2018, SUPERSEDING ITS EARLIER CIRCULAR NO. 21/2015 AND ENHANCED MONETARY LIMIT FOR FILING APPEAL BEFORE VARIOUS APPELLATE AUTHOR ITIES AND ACCORDINGLY, ENHANCED MONETARY LIMIT TO RS. 20,00,000/ - FOR FILING APPEAL BEFORE THE TRIBUNAL. FURTHER, THE BOARD HAS ISSUED ONE MORE CIRCULAR VIDE CIRCULAR NO.17/2019 DATED 08/08/2019 AND ENHANCED MONETARY LIMIT FOR FILING APPEAL BEFORE APPELLATE TRIBUNAL TO RS. 50,00,000/ - . FURTHER, IN THE SAID CIRCULAR, THE CBDT HAD INSTRUCTED ITS OFFICERS TO FILE APPLICATION FOR WITHDRAWAL OF APPEAL ALREADY FILED OR NOT TO PURSUE PENDING APPEALS. WE, THEREFORE, BY TAKING INTO ACCOUNT THE CBDT CIRCULAR NO. 3/20 18 DATED 11 - 7 - 2018 AND C IRCULAR NO.17/2019 DATED 08/08/2019 AND ALSO CONSIDERING THE FACT THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE AMOUNT OF MONETARY LIMIT FIXED BY THE CBDT FOR NOT FILING APPEAL, DISMISSED APPEAL FILED BY THE REVENU E AS NOT MAINTAINABLE. WE, FURTHER NOTED THAT THE CO - ORDINATE BENCH OF ITAT, AHMEDABAD A BENCH IN ITA. NO. 1398/AHD/2004, VIDE ORDER DATED 14/08/2019 HAS PASSED DETAILED ORDER CONSIDERING NEW CIRCULAR ISSUED BY THE CBDT AND HELD THAT EXCEPT AMENDMENT TO PARA 3 OF THE CIRCULAR NO.3/2018 DATED 11/07/2018, ALL OTHER PORTIONS OF THE CIRCULAR NO .03/2018 (SUPRA) HAVE REMAIN IN F ACT, THEREFORE, THIS CIRCULAR IS APPLICABLE EVEN FOR PENDING APPEALS AND ACCORDINGLY, REJECTED THE ARGUMENTS OF THE REVENUE THAT THE EF FECT OF THE CIRCULAR SHALL COME INTO FORCE FROM THE DATE OF ISSUE OF THIS CIRCULAR. THEREFORE, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THIS CASE AND ALSO TAKEN NOTE OF CIRCULARS ISSUED BY THE CBDT INCLUDING CIRCULAR NO. 17/2019 DATED 08/08/2019, AND ALS O BY FOLLOWING THE DECISION OF CO - ORDINATE BENCH, WE DISMISSED APPEAL S FILED BY THE REVENUE AS NOT MAINTAINABLE. HOWEVER, WE KEEP OPEN OPTION TO THE REVENUE TO FILE A MISCELLANEOUS APPLICATION, IF NECESSARY, IN CASE THE ISSUES INVOLVED IN THE PRESENT APPEA L COMES WITHIN 3 EXCEPTIONS AS PROVIDED IN PARA 10 OF SAID CIRCULAR AND CLAUSE (E) OF SUBSEQUENT CIRCULAR. ITA NOS2846 /M/201 7 & 3254/M/2018 A.Y S . 2012 - 13 & 201 3 - 1 4 3 3 . IN THE RESULT, THESE APPEAL S BY THE REVENUE STANDS DISMISSED. ORDER PRONO UN CE D IN THE OPEN COURT ON THIS 14 /10 /2019 SD/ - SD/ - ( M. BALAGANESH ) (AMARJIT SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 14 / 10 / 2019 VIJAY / SR. PS COPY OF THE ORD ER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//