DCIT 2(1)(1), MUMBAI V. VIJAY VASANT RAUT, MUMBAI

ITA 3491/MUM/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9893 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 12-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV GUBGOTRA
• Assessee Lawyers: ADITYA R AJGAONKAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH F, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJEET SINGH, JUDICIAL MEMBER ITA NO.3491/M/2017 ASSESSMENT YEAR: 2012-13 DCIT 2(1)(1), R.NO.561, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. SHRI VIJAY VASANT RAUT, A-1703, OBEROI SPLENDOR, JVLR, OPP. MAJAS BUS DEPOT, JOGESHWARI (E), MUMBAI 400 060 PAN: AAAPR 1510N (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI ADITYA R. AJGAONKAR, A.R. REVENUE BY : SHRI RAJEEV GUBGOTRA, D.R. DATE OF HEARING : 26.09.2018 DATE OF PRONOUNCEMENT : 26.09.2018 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 09.02.2017 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET, THE LD. A.R. HAS SUBMITTED THAT T AX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20 LACS AND THE CBDT CIRCULAR NO.3/2018 (F.NO.279/MISC.142/2007-ITJ (PT) .] DATED 11.07.2018 IS APPLICABLE TO THIS APPEAL, HENCE, THI S APPEAL BE DISMISSED IN TERMS OF CIRCULAR NO.3/2018 (F.NO.279/MISC.142/2007-ITJ (PT).] DATED 11.07.2018 . ITA NO.3491/M/2017 SHRI VIJAY VASANT RAUT 2 3. AFTER HEARING BOTH THE PARTIES AND PERUSING THE MATERIAL ON RECORD, WE FIND THAT THE TAX EFFECT IN THIS APPEAL DOES NOT EXCEED RS.20 LAKHS AND THEREFORE THE APPEAL HAS TO BE DISM ISSED IN TERMS OF CIRCULAR NO.3/2018 (F.NO.279/MISC.142/2007 -ITJ (PT).] DATED 11.07.2018. WE, THEREFORE, FOLLOWING THE CIRCULAR ISSUED BY THE CBDT, DISMISS THE APPEAL FILED BY THE REVENUE. ORDER PRONOUNCED IN THE OPEN COURT ON 26.09.2018. SD/- SD/- (AMARJEET SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 26.09.2018. * 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.