DCIT, CIRCLE 4(3)(2), MUMBAI V. SARVAPRATHAM INVESTMENTS LTD., MUMBAI

ITA 3441/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3084 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 21-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO. 3441/MUM./2018 ( ASSESSMENT YEAR : 201 2 1 3 ) SARVAPRATHAM INVESTMENTS LTD. 162, MAKER CHAMBERS III NARIMAN POINT, MUMBAI 400 002 PAN AAFCS9460A .. APPELLANT V/S DY. COMMISSIONER OF INCOME TAX CIRCLE 4(3)(2), MUMBAI .... RESPONDENT ASSESSEE BY : SHRI VISHAL SHAH REVENUE BY : SHRI VIVEK ANAND OJHA DATE OF HEARING 06 .03.2019 DATE OF ORDER 0 6 .03.2019 O R D E R THE PRESENT APPEAL PREFERRED BY THE REVENUE IS DIRECTED AGAINST THE IMPUGNED ORDER DATED 13 TH MARCH 2018 , PASSED BY LEARNED COMMISSIONER (APPEALS) 9 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 201 2 13 . 2 . AT THE OUTSET, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE TAX EFFECT ON THE QUANTUM OF ADDITION CONTESTED BY THE REVENUE IS LESS THAN THE PRESCRIBED LIMIT OF ` 20 LAKH FIXED FOR FILING OF APPEAL BEFORE THE INCOME TAX APPELLATE TRIBUNAL, HENCE , IS COVERED BY 2 SARVAPRATHAM INVESTMENTS LTD. THE CIRCULAR NO.3/2018, DATED 11 TH JULY 2018, ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT). 3 . THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED WITH THE AFORESAID SUBMISSIONS OF THE LEARNED AUTHORISED REPRESENTATIVE . 4 . I HAVE GONE THROUGH THE CBDT CIRCULAR REFERRED TO ABOVE AND FIND THAT THE TAX EFFECT ON THE QUANTUM OF ADDITION DISPUTED BY THE REVENUE IN THE PRESENT APPEAL IS BELOW THE THRESHOLD LIMIT OF ` 20 LAKH. T HEREFORE, AS PER THE CBDT CIRCULAR REFERRED TO ABOVE, THE APPEAL FILED BY THE REVENUE HAS TO BE WITHDRAWN/ NOT PRESSED, SINCE, THE AFORESAID CIRCULAR BY CBDT APPLIES EVEN TO THE PENDING APPEALS. IN VIEW OF THE AFORESAID, I DISMISS THE PRESENT APPEAL FILED BY THE REVENUE. 2 . IN THE RESULT, REVENUES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 0 6 .03.2019 SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 0 6 .03.2019 3 SARVAPRATHAM INVESTMENTS LTD. COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (DY./ASSTT. REGISTRAR) ITAT, MUMBAI