ACIT- 33 (3), MUMBAI V. UDAY MAHADEO GHARE, MUMBAI

ITA 3219/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6759 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 15-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , F BENCH MUMBAI BEFORE SHRI G.MANJUNATHA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO 3219/MUM/2018 FOR ASSESSMENT YEARS: 2013-14 ACIT- 33(3), ROOM NO. 607, PRATYAKHSHAR BHAWAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400051. VS SH. UDAY MAHADEV GHARE , 1A, SANDESH BHAWAN, BALAJI CROSS ROAD, KANDIWALI (W) MUMBAI-400067 PAN : AAKPG5305N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJIIEV GUBATRA (S R. DR) RESPONDENT BY : DR.K. SHIVRAM SR ADVOCATE WITH SH SHASNAK DUNDU ADVOCATE DATE OF HEARING : 04/07/2019 DATE OF PRONOUNCEMENT: 04/07/2019 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH JUDICIAL MEMBER: 1. THIS APPEAL BY REVENUE UNDER SECTION 253 OF INCOME TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-45, [CIT(A)], MUMBAI DATED 22.04.2016 FOR ASSESSMENT YE AR 2013-14. THE SOLITARY GROUND OF APPEAL RAISED BY THE REVENUE REL ATES TO ACCEPTING A LOWER NET PROFIT WHEREAS DURING THE SURVEY THE ASSESSEE AGREED FOR HIGHER NET PROFIT. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORIZED REPRES ENTATIVE (AR) OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW ITA NO. 3219/ MU M /2018 . UDAY MAHADEV GHARE. 2 THE MONETARY LIMIT PRESCRIBED BY CBDT CIRCULAR NO.3 /2018 DATED 11 TH JULY 2018. THE LD AR OF THE ASSESSEE FURNISHED THE WORKI NG OF TAX EFFECT, WHEREIN THE TAX EFFECT ON THE RELIEF BY LD CIT(A) IS ONLY OF RS. 18,60,524/-. 3. ON THE OTHER HAND, THE LD. DR FOR THE REVENUE SUBMI TS THAT HE MAY BE ALLOWED TO SENT THE WORKING OF THE TAX EFFECT TO T HE ASSESSING OFFICER FOR CROSS CHECK. THOUGH, AFTER GOING THROUGH THE WORK ING OF TAX EFFECT LD DR HAS FAIRLY AGREED THAT TAX EFFECT INVOLVED IN THE P RESENT APPEAL IS BELOW THE MONETARY LIMIT. 4. CONSIDERING THE SUBMISSIONS OF THE LD REPRESENTATIV ES OF THE PARTIES AND THE WORKING OF TAX EFFECT FURNISHED BEFORE US, WHICH IS LESS THAN THE MONETARY LIMIT FOR FILING APPEAL BEFORE THE TRIBUNAL. NO EXC EPTION MENTIONED IN THE SAID CIRCULAR, IS BROUGHT TO OUR NOTICE, THEREFORE THE APPEAL OF THE REVENUE IS DISMISSED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVE IN CASE THE TAX EFFECT IS DISCOVERED MORE THAN THE MON ETARY LIMIT PRESCRIBED BY CBDT CIRCULAR NO.3/2018 DATED 11 TH JULY 2018 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 04/07/ 2019 WHILE HEARING OF THE APPEAL. SD/- SD/- (G.MANJUNATHA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMB ER MUMBAI, DATE: 04.07.2019 SK ITA NO. 3219/ MU M /2018 . UDAY MAHADEV GHARE. 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI