INCOME TAX OFFICER 19(1)(1) MUMBAI, INCOME TAX V. ALISHA GIRISH AGARWAL, MUMBAI

ITA 3579/MUM/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 2089 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 20-05-2024
• Assessment Year: misc
• Appeal Filed On: 04-10-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SAMEER AGARWAL
• Keywords: Tax effect
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SMT. RENU JAUHARI, ACCOUNTANT MEMBER ITA No.3579/M/2023 Assessment Year: 2016-17 Income Tax Officer- 19(1)(1), 501, Piramal Chambers, Lalbaug, Mumbai- 400 012 Vs. Ms. Alisha Girish Agarwal, 68 Nepean Sea Road, Charni Road, Mumbai – 400 006 PAN: AIXPA8331K (Appellant) (Respondent) Present for: Assessee by : Shri Sameer Agarwal, A.R. Revenue by : Shri C.T. Mathews, Sr. D.R. Date of Hearing : 21 . 05 . 2024 Date of Pronouncement : 29 . 05 . 2024 O R D E R Per : Narender Kumar Choudhry, Judicial Member: This appeal has been preferred by the Revenue against the order dated 07.08.2023, impugned herein, passed by the National Faceless Appeal Center (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2016-17. ITA No.3579/M/2023 Ms. Alisha Girish Agarwal 2 2. Admittedly tax effect, as appears in column No.10 of form No.36 filed by the Revenue Department is Rs.12,48,000/-. The CBDT vide Circular No.3/2018 dated 11.07.2018 succeeded with Circular No.17/2019, F. No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019 has prescribed the monetary limit i.e. Rs.50 lakhs, therefore, considering the fact that tax effect involved in the instant case is less than the monetary limit fixed for filing the appeal before the Tribunal, this appeal is not maintainable. 3. In the result, instant appeal filed by the Revenue Department stands dismissed as withdrawn. Order pronounced in the open court on 29.05.2024. Sd/- Sd/- (RENU JAUHARI) (NARENDER KUMAR CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai.