ACIT 32(1), MUMBAI V. GUJARAT CONSTRUCTION, MUMBAI

ITA 3183/MUM/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9901 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 02-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Assessee Lawyers: R C MODI; KETKI RAJESHIRKE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

P A G E | 1 ITA NO. 3183/MUM/2017 A.Y 2008 - 09 ACIT - 32(1) VS. M/S GUJARAT CONSTRUCTION IN THE INCOME TAX APPELLATE TRIBUNAL ' G ' BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 3183/MUM/2017 (ASSESSMENT YEAR: 2008 - 09 ) ACIT - 32(1 ) PRATYAKSHA KAR BHAVAN, ROOM NO. 209, 2 ND FOOR, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI - 400 051 VS. M/S GUJARAT CONSTRUCTION SHOP NO.6, RACHNA CHS, EKSAR ROAD, BORIVALI WEST, MUMBAI - 400092 PAN AAVFS8191B REVENUE ASSESSEE REVENUE BY: SHRI NISHANT SAMAIYA, D.R ASSESSEE BY: SHRI R.C. MODI & MS. KETKI RAJESHIRKE, A.R DATE OF HEARING: 26 .09.2018 DATE OF PRONOUNCEMENT: 2 6 .09.2018 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL FILED BY THE REVENUE PE RTAINING TO ASSESSMENT YEAR 2008 - 09 IS DIRECTED AGAINS T THE ORDER PASSED BY CIT(A) - 44, MUMBAI, DATED 27.02.2017 , WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961 (IN SHO RT THE ACT), DATED 23.02.2016 . 2. AT THE OUTSET, THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LACS. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) DID NOT CONTROVERT THE SAID FACT UAL POSITION. 3. WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN P A G E | 2 ITA NO. 3183/MUM/2017 A.Y 2008 - 09 ACIT - 32(1) VS. M/S GUJARAT CONSTRUCTION DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN CO URT ON 2 6 09.2018 S D / - S D / - ( B.R.BASKARAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 26 .09.2018 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 3183/MUM/2017 A.Y 2008 - 09 ACIT - 32(1) VS. M/S GUJARAT CONSTRUCTION