Appeal details
Counselvise Citation
[2019] 112 COUNSELVISE.COM (IT) 4895 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 3 month(s) 12 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
30-08-2019
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
E
Assessment Year
2009-2010
Appeal Filed On
18-05-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NOS.3410 & 3411/M/2018 ASSESSMENT YEARS: 2009-10 & 2010-11 DCIT, CC-5(1), R. NO.1928, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400021 VS. M/S. EARTH BUILDERS, 101, 1SST FLOOR, ADITYA AKRUTI TOWER, NAVSIR BHARUCHA MARG, GRANT ROAD, MUMBAI 400 007 PAN: AAAFE1372K (APPELLANT) (RE SPONDENT) CO NOS.196 & 197/2019 (ARISING OUT ITA NOS.3410 & 3411/M/2018) ASSESSMENT YEARS: 2009-10 & 2010-11 M/S. EARTH BUILDERS, 101, 1SST FLOOR, ADITYA AKRUTI TOWER, NAVSIR BHARUCHA MARG, GRANT ROAD, MUMBAI 400 007 PAN: AAAFE1372K VS. DCIT, CC-5(1), R. NO.1928, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400021 (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI ANANT N. PAI, A.R. REVENUE BY : SHRI RAJESH KUMAR MISHRA, D.R. DATE OF HEARING : 26.08.2019 DATE OF PRONOUNCEMENT : .08.2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE ABOVE TITLED TWO APPEALS BY THE REVENUE AND TH E CROSS APPEALS BY THE ASSESSEE HAVE BEEN PREFERRED AGAINST THE ORDER DATED 26.03.2018 & 29.03.2016 OF THE COMMISSIONER O F INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A )] RELEVANT TO ASSESSMENT YEARS 2009-10 & 2010-11 RESPECTIVELY. ITA NOS.3410 & 3411/M/2018 CO NOS.196 & 197/2019 M/S. EARTH BUILDERS 2 2. AT THE OUTSET, IT IS NOTICED THAT THE AO MADE ADDIT ION OF UNEXPLAINED EXPENDITURE AMOUNTING TO RS.1,25,93,750 /-. THE CIT(A) DELETED THE ADDITION OF RS.1,25,93,750/-. IT IS FURTHER NOTICED THAT THE CBDT RECENTLY HAS AMENDED THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 AMOUNTING VIDE CIRCULAR NO. 17/2019, F.NO. 279/MISC.142/2007-ITJ(PT.) DATED 08. 08.2019 INCREASING THE LIMIT FOR FILING OF APPEAL BEFORE IN COME TAX APPELLATE TRIBUNAL I.E. RS.50 LACS IN EACH OF THE C ASE. WE NOTED THAT EARLIER CIRCULAR NO. 3 OF 2018 WAS MADE APPLIC ABLE TO PENDING APPEALS ALSO AND THIS CLAUSE OF THE CIRCULA R REMAINS UNCHANGED EVEN AFTER THE AMENDMENT. ADMITTEDLY, IN THIS CASE TAX EFFECT IS BELOW PRESCRIBED LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL BY THE REVENUE I.E. RS.50 LACS. 3. WHEN THIS WAS CONFRONTED TO THE LEARNED SR. DEPARTM ENTAL REPRESENTATIVE, HE COULD NOT POINT OUT THAT THIS AP PEAL FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN CIRCULAR NO. 17 OF 2019. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL OF REVENUE IS MUCH BELOW THE PRESCRIBED LIMIT OF FILING APPEAL BE FORE THE TRIBUNAL I.E. RS.50 LACS AS PER CBDT CIRCULAR NO. 1 7 OF 2019. IN VIEW OF THE ABOVE, THIS APPEAL OF REVENUE IS DISMIS SED AS WITHDRAWN IN VIEW OF CIRCULAR NO. 17 OF 2019. 4. NOW, BEFORE US, THE LEARNED CIT DEPARTMENTAL REPRESENTATIVE ONLY REQUESTED THAT HE WANT TO VERIF Y WHETHER THIS APPEAL FALLS UNDER ANY OF THE EXPLANATION PROV IDED IN CBDT CIRCULAR NO. 3/2018. HERE, WE ARE OF GIVING LIBERTY TO REVENUE THAT IN CASE, AFTER PASSING OF THE ORDER IT COMES T O THE NOTICE OF THE REVENUE THAT THIS APPEAL DOES NOT FALLS UNDER A NY EXPLANATION OF THE CBDT BY 3/18, THE AO CAN MOVE FO R RECALLING ITA NOS.3410 & 3411/M/2018 CO NOS.196 & 197/2019 M/S. EARTH BUILDERS 3 OF THE ORDER WITHIN THE PRESCRIBED TIME LIMIT UNDER SECTION 254 OF THE ACT. HENCE, THIS APPEAL IS DISMISSED AS LOW TAX EFFECT COVERED BY CBDT CIRCULAR NO. 17/2019. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE ARE DISMISSED. CO NOS.196 & 197/2019 6. AT THE TIME OF HEARING THE LD. A.R. DID NOT PRES S THE CROSS OBJECTIONS FILED BY THE ASSESSEE. HENCE, THE SAME ARE DISMISSED. 7. IN THE RESULT, THE APPEALS OF THE REVENUE AS WEL L AS CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.08.2019. SD/- SD/- (MAHAVIR SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 30.08.2019. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY /ASSTT. REGISTRAR, ITAT, MUMBAI.
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