DCIT 10 (2)(1), MUMBAI V. JP MORGAN SERVICES (I) PVT. LTD., MUMBAI

ITA 2935/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6854 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2014-2015
• Appeal Filed On: 06-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES K , MUMBAI BEFORE SHRI PRAMOD KUMAR , HONBLE VICE PRESIDENT AND SHRI SAKTIJIT DEY , HONBLE JUDICIAL MEMBER ITA NO. 2935 /MUM/2019 ASSESSMENT Y EAR: 201 4 - 15 DY. COMMISSIONER OF INC OME TAX 10(2)(1), 5 TH FLOOR, ROOM NO. 509, AAYKAR BHAWAN, CHURCHGATE, MUMBAI - 400020 VS. M/S J.P. MORGAN SERVICES (I) PVT. LTD., LEVEL 9 TO 11, LINK ROAD 707, PRISM TOWER, MINDSPACE, GOREGAON (WEST), MUMBAI - 400104 PAN: AABCD0503B (APPELLANT) ( RESPONDENT) REVENUE BY : SHRI SUSHIL KUMAR MISHRA (D R) ASSESSEE BY : SHRI DIVESH CHAWLA (A R ) DATE OF HEARING : 02/08 /202 1 DATE OF PRONOUNCEMENT: 02 / 08 /202 1 O R D E R P ER SAKTIJIT DEY , JM CAPTIONED APPEAL BY THE REVENUE ARISES OUT OF ORDER DATED 28.02.2019 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 55 , MUMBAI FOR THE ASSESSMENT YEAR 2014 - 15 . 2. AT THE OUTSET, DRAWING OUR ATTENTION TO C OLUMN NO. 10 OF THE MEMORANDU M OF APPEAL FILED B Y THE DEPARTMENT IN FORM NO. 36, T HE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE MONETARY LIMIT OF RS. 50 LACS. THUS, HE SUBMITTED, THE APPEAL IS NOT MAINTAINABLE. 2 ITA NO. 2935 / MUM/2019 ASSESSMENT YEAR: 201 4 - 1 5 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED TO THE AFORESAID FACTUAL POSITION. 4. HAVING CONSIDERED RIVAL SUBMISSIONS, WE FIND FROM RECORD THAT AS PER THE REVENUES OWN ADMISSION, THE TAX EFFECT ON THE AMOUNT DISPUTED IN THE PRESENT APPEAL IS RS. 3 6.96 LACS . A S PER CIRCULAR NO. 17/2019 DATED 08.08.2019 T HE MONETARY LIMIT FOR FILING APPEAL BEFORE THE TRIBUNAL BY THE DEPARTMENT IS FIXED AT RS. 50 LACS AND ABOVE. NO MATERIAL HAS BEEN BROUGHT TO OUR NOTICE, TO SUGGEST THAT THE PRESENT APPEAL IS PROTECTE D BY ANY OF EXCEPTIONS TO THE AFORESAID CIRCULAR. 5 . IN VIEW OF THE ABOVE, WE TREAT THE APPEAL AS NOT MAINTAINABLE. HENCE, DEEMED TO HAVE BEEN WITHDRAWN. 6 . IN THE RESULT, APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND AUGUST , 2021 . SD/ - SD/ - ( PRAMOD KUMAR ) VICE PRESIDENT (SAKTIJIT DEY) JUDICIAL MEMBER MUMBAI ; DATED: 02 / 08 /202 1 ALINDRA, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . 3 ITA NO. 2935 / MUM/2019 ASSESSMENT YEAR: 201 4 - 1 5 / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI