ITO (E)- 2 (4), MUMBAI V. VIPASANA RESEARCH INSTITUTE, MUMBAI

ITA 3169/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8706 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 14-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV GUBGOTRA
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F , MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO. 3 16 9 /MUM/201 8 ASSESSMENT YEAR : 20 12 - 13 INCOME TAX OFFICER(EXEM) - 2(4), MUMBAI VS. VIPASANA RESEARCH INSTITUTE, 2 ND FLOOR, GREEN HOUSE, GREEN STREET, FORT, MUMBAI [PAN : AAA TV1217E ] (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJEEV GUBGOTRA, DR RESPONDENT BY : NONE DATE OF HEARING : 04 - 0 9 - 201 9 DATE OF PRONOUNCEMENT : 11 - 0 9 - 201 9 O R D E R P ER R AJESH KUMAR , A . M: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS) - 1 , MUMBAI , DATED 26 - 0 2 - 201 8 . 2. AT THE TIME OF HEARING , IT HAS BEEN BROUGHT TO OUR NOTICE THAT AS PER THE CBDT CIRCULARS NO.03/2018 DATED 11 - 07 - 2018 AND CIRCULAR NO.17 OF 2019 DATED 9 TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50.00 LAKHS. AFTER HEARING BOTH THE SIDES AND PERUSING THE RECORDS AS PLACED BEFORE US, WE FOUND THAT THE APPEAL IS COVERED BY THE AFORESAID CIRCULAR ITA NO. 3 16 9 /MUM/ 20 1 8 : 2 : AND IS NOT MAINTAINABLE. T HE TAX EFFECT IN TH I S APPEAL IS LESS THAN RS.50.00 LAKHS, THEREFORE, WE ARE DISMISSING THE SA ME ON ACCOUNT OF LOW TAX EFFECT WITH THE LIBERTY TO THE REVENUE TO SEEK RECALL OF THE ORDER, OF TH I S CASE FALLS WITHIN THE EXCEPTIONS MENTIONED IN THE CIRCULARS CITED ABOVE. 3. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH SEPTEMBER , 2019 SD/ - SD/ - (MAHAVIR SINGH) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / MUMBAI; / DATED : 11 TH SEPTEMBER , 2019 TNMM / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) , MUMBAI 4. / CIT , MUMBAI 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE ITA NO. 3 16 9 /MUM/ 20 1 8 : 3 : / BY ORDER, //TRUE COPY// / (DY./ASST. REGISTRAR) , / ITAT, MUMBAI