ITO 17 (1)(4), MUMBAI V. LATE DINTA D. DOSHI (THROUGH LEGAL HEIR SHRI SANDEEP D. DOSHI), MUMBAI

ITA 3126/MUM/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1695 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 11-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIDISHA KALRA
• Assessee Lawyers: BHAVISH PAREKH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.3126/M/2018 ASSESSMENT YEAR: 2013-14 ITO- 17(1)(4), ROOM NO.115, 1 ST FLOOR, AAYAKAR BHAVAN, MUMBAI - 400020 VS. LATE DINTA D. DOSHI, (THROUGH LEGAL HEIR SHRI SANDEEP D DOSHI) 2701/2702, A-TOWER, OBEROI SPLENDOR, OPP. MAJAS DEPO, JOGESHWARI (E), MUMBAI 400 060 PAN: ADCPD 6349L (APPELLANT) (R ESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI BHAVISH PAREKH, A.R. REVENUE BY : SMT VIDISHA KALRA, D.R. DATE OF HEARING : 07.11.2019 DATE OF PRONOUNCEMENT : 28.11.2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 19.02.2018 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO ASSESSMENT YEAR 2013-14. 2. AT THE OUTSET, IT IS NOTICED THAT THE AO HAS MAD E ADDITION IN CAPITAL GAIN FOR NOT ALLOWING DEDUCTION OF COST OF IMPROVEMENT OF RS.60,29,445/-. THE LD. CIT(A) DELETED THE ADDITION MADE BY THE AO. IT IS NOTICED THAT THE CBDT RECENTLY HAS AM ENDED THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 AMOUNTING VIDE ITA NO.3126/M/2018 LATE DINTA D. DOSHI, (THROUGH LEGAL HEIR SHRI SANDEEP D DOSHI) 2 CIRCULAR NO. 17/2019 , F.NO. 279/MISC.142/2007-ITJ(PT.) DATED 08.08.2019 INCREASING THE LIMIT FOR FILING OF APPEAL BEFORE INCOME TAX APPELLATE TRIBUNAL I.E. 50 LACS IN EACH OF THE CASE. WE NOTED THAT EARLIER CIRCULAR NO. 3 OF 2018 WAS MA DE APPLICABLE TO PENDING APPEALS ALSO AND THIS CLAUSE OF THE CIRCULAR REMAINS UNCHANGED EVEN AFTER THE AMENDMENT. ADMITTE DLY, IN THIS CASE TAX EFFECT IS BELOW PRESCRIBED LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL BY THE REVENUE I.E. 50 LACS. 2. WHEN THIS WAS CONFRONTED TO THE LEARNED SR. DEPARTM ENTAL REPRESENTATIVE, HE COULD NOT POINT OUT THAT THIS AP PEAL FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN CIRCULAR NO. 17 OF 2019. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL OF REVENUE IS MUCH BELOW THE PRESCRIBED LIMIT OF FILING APPEAL BE FORE THE TRIBUNAL I.E. 50 LACS AS PER CBDT CIRCULAR NO. 17 OF 2019 . IN VIEW OF THE ABOVE, THIS APPEAL OF REVENUE IS DISMIS SED AS WITHDRAWN IN VIEW OF CIRCULAR NO. 17 OF 2019 . 3. NOW, BEFORE US, THE LEARNED CIT DEPARTMENTAL REPRESENTATIVE ONLY REQUESTED THAT HE WANT TO VERIF Y WHETHER THIS APPEAL FALLS UNDER ANY OF THE EXPLANATION PROV IDED IN CBDT CIRCULAR NO. 3/2018. HERE, WE ARE OF GIVING LIBERTY TO REVENUE THAT IN CASE, AFTER PASSING OF THE ORDER IT COMES T O THE NOTICE OF THE REVENUE THAT THIS APPEAL DOES NOT FALLS UNDER A NY EXPLANATION OF THE CBDT BY 3/18, THE AO CAN MOVE FO R RECALLING OF THE ORDER WITHIN THE PRESCRIBED TIME LIMIT UNDER SECTION 254 OF THE ACT. HENCE, THIS APPEAL IS DISMISSED AS LOW TAX EFFECT COVERED BY CBDT CIRCULAR NO. 17/2019. ITA NO.3126/M/2018 LATE DINTA D. DOSHI, (THROUGH LEGAL HEIR SHRI SANDEEP D DOSHI) 3 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.11.2019. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 28.11.2019. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASS TT. REGISTRAR, ITAT, MUMBAI.