DDIT (I.T) - 2(2), MUMBAI V. M/s. UPS SUPPLY CHAIN SOLUTIONS / SERVICES INC., MUMBAI

ITA 3278/MUM/2006

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3633 (ITAT-MUMBAI)
• Duration Of Justice: 14 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: L
• Assessment Year: 1997-1998
• Appeal Filed On: 24-05-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR SUBRAHMANIYAM LD
• Assessee Lawyers: NITESH JOSHI LD
• Keywords: Tax effect

Judgement Text

ITA NO.3278-79/MUM/2006 M/S. UPS SUPPLY CHAIN SERVICES INC. ASSESSMENT YEAR S: 1997-98 & 1999-2000 1 IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.3278/MUM/2006 ( / ASSESSMENT YEAR : 1997-98) & ./ I.T.A. NO.3279/MUM/2006 ( / ASSESSMENT YEAR : 1999-2000) DDIT - (IT) - 2(2) ROOM NO.116 SCINDIA HOUSE BALLARD ESTATE, NM ROAD MUMBAI-400 038. / VS. M/S. UPS SUPPLY CHAIN SOLUTION / SERVICES INC. C/O. BSR & CO. CAS KPMG HOUSE, KAMALA MILLS COMPOUND 448, SENAPATI BAPAT MARG, LOWER PAREL MUMBAI-400 013. -. ./ ./PAN/GIR NO. AAACU-5644-B ( .0 /APPELLANT ) : ( 12.0 / RESPONDENT ) ASSESSEE BY : SHRI NITESH JOSHI -LD.AR REVENUE BY : SHRI VIJAY KUMAR SUBRAHMANIYAM -LD. SR.DR /DATE OF HEARING : 03/03/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEALS BY REVENUE FOR ASSESSMENT YEAR S [IN SHORT REFERRED TO AS AY] 1997-98 & 1999-2000 CONTEST SE PARATE ORDERS OF LEARNED FIRST APPELLATE AUTHORITY ON CERTAIN GROUND S OF APPEAL. ITA NO.3278-79/MUM/2006 M/S. UPS SUPPLY CHAIN SERVICES INC. ASSESSMENT YEAR S: 1997-98 & 1999-2000 2 2. THE LD. AR, SHRI NITESH JOSHI, AT THE OUTSET, SU BMITTED THAT TAX EFFECT OF QUANTUM ADDITIONS UNDER DISPUTE BY REVENU E IN BOTH THE APPEALS IS BELOW PRESCRIBED THRESHOLD LIMIT OF RS.50 LACS A ND THEREFORE, THE REVENUES APPEALS ARE NOT MAINTAINABLE IN TERMS OF LATEST LOW TAX EFFECT CBDT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007- TTJ(PT.) . IN SUPPORT, OUR ATTENTION HAS BEEN DRAWN TO THE A DDITIONS MADE BY LD. AO IN ASSESSMENT ORDER. THE LD. DR COULD NOT POINT OUT ANY EXCEPTION TO CONTROVERT THE PLEA RAISED BY LD. AR. 3. AFTER GOING THROUGH MATERIAL ON RECORD, WE FIND THAT THE TAX EFFECT OF QUANTUM ADDITIONS UNDER DISPUTE, IN BOTH THE APPEAL S, IS BELOW THRESHOLD MONETARY LIMIT OF RS.50 LACS AND THEREFORE, THE APP EALS ARE NOT MAINTAINABLE IN TERMS OF RECENTLY ISSUED LOW TAX EF FECT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007-T TJ(PT.) ISSUED BY CBDT. THIS RECENT CIRCULAR FURTHER ENHANCES THE MON ETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 ISSU ED BY CBDT AS AMENDED ON 20/08/2018. IN VIEW OF THE SAME, THE AP PEALS ARE NOT MAINTAINABLE. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF THE APPEALS, IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR IN CA SE THE TAX EFFECT IN THE APPEALS EXCEEDS THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, BOTH THE APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD MARCH, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER ITA NO.3278-79/MUM/2006 M/S. UPS SUPPLY CHAIN SERVICES INC. ASSESSMENT YEAR S: 1997-98 & 1999-2000 3 MUMBAI; DATED : 03/03/2021 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. .0 / THE APPELLANT 2. 12.0 / THE RESPONDENT 3. 9 ( ) / THE CIT(A) 4. 9 / CIT CONCERNED 5. :;14< , < , / DR, ITAT, MUMBAI 6. ;=>? / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.