ITO - 28(3)(3), MUMBAI V. SHRI SUREKHA ANIL LOKRE, MUMBAI

ITA 3238/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6465 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 15-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIK
• Keywords: Tax effect

Judgement Text

, ! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 3238 / /201 9 ((. . 2010-11 ) ITA NO .3238/MUM/2019 (A.Y.2010-11) INCOME-TAX OFFICER 28(3)(3), ROOM NO.319,3 RD FLOOR, 6 TH TOWER, VASHI RAILWAY STATION COMPLEX, VASHI, NAVI MUMBAI 400 703 / VS. SHRI SUREKHA ANIL LOKRE, (PROP. TEJAL ENGINEERS) 205, BHAGTANI ENCLAVE, BEHIND ASIAN PAINTS, OFF. LBS MARG, BHANDUP (WEST) MUMBAI 400 078 PAN/GIR NO:ACVPL0371N ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MS KAVITA P. KAUSHIK / DATE OF HEARING : 16/09/2020 / DATE OF PRONOUNCEMENT : 16/09/2020 / ORDER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) 26, MUMBAI [ IN SHORT THE CIT(A)] DATED 15/03/2019 FOR THE ASSESSMENT YEAR 2010-11. 2. MS. KAVITA P. KAUSHIK, REPRESENTING THE DEPARTM ENT FAIRLY ADMITTED THAT THE TOTAL TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS.91,615/-. HENCE, THE APPEAL SUFFERS FROM LOW TAX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO. 17/2019, DATED 08-08-2019. 2 ITA NO .3238/MUM/2019 (A.Y.2010-11) 3. UNDISPUTEDLY, THE TAX EFFECT IN THE PRESENT APPE AL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE BOARD FOR FILI NG OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VID E CIRCULAR DATED 08-08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRCULAR N O. 3 OF 2018 DATED 11-07-2018 THEREBY ENHANCING MONETARY LIMIT O F TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING OF APPEA LS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERITS OF THE ISSUE RAISED IN THE APPEAL, THE PRESENT APPEAL BY THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTE CTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DA TED 11-07-2018 AND ITS AMENDMENT DATED 20/08/2018. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY THE 16 TH DAY OF SEPTEMBER, 2020. SD./- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, +(/ DATED: 16/09/2020 VM , SR. PS(O/S) 3 ITA NO .3238/MUM/2019 (A.Y.2010-11) COPY OF THE ORDER FORWARDED TO : 1. , / THE APPELLANT , 2. -. / THE RESPONDENT. 3. /. ( )/ THE CIT(A)- 4. /. CIT 5. 01-.( , . . . , / DR, ITAT, MUMBAI 6. 12345 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI