ITO WD. 25(2)(3), MUMBAI V. DENISH HARILAL SHAH, MUMBAI

ITA 3618/MUM/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5134 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 24-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM, & SHRI S. RIFAUR RAHMAN, AM आयकरअपीलसं./ I.T.A. No. 3618/Mum/2018 & Cross Objection No. 49/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2013-14) ITO Wd. 25(2)(3), C-10, R. No. 504, 5 th floor, Pratyakshkar Bhavan, Bandra Kurla Complex, Bandra, Mumbai-400 051 बिधम/ Vs. Mr. Denish Harilal Shah Flat No. 101, 1 st floor, Paan Villa, Sarojini Road, Vile Parle(W), Mumbai-400 057 स्थायीलेखासं./जीआइआरसं./PAN No. AWGPS3773C (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Shri Nimesh Yadav, Ld. DR प्रत्यथीकीओरसे/Respondent by : Shri Bharat Kumar, Ld. AR सुनवाईकीतारीख/ Date of Hearing : 21.06.2022 घोषणाकीतारीख / Date of Pronouncement : 21.06.2022 आदेश / O R D E R Per Bench: The aforesaid appeal has been filed by the revenue and the Cross Objection filed by the assessee against the impugned order dated 27.03.2018, passed by Ld. CIT(A)-37, Mumbai for the quantum appeal of assessment passed u/s 143(3) for AY 2013-14. 2 I.T.A. No. 3618/Mum/2028 CO No. 49/Mum/2020 Mr. Denish Harilal Shah 2. At the outset, Ld. AR appeared on behalf of the assessee submitted that the tax effect of the relief granted by the Ld. Commissioner of Income Tax (Appeals) is below Rs. 50 lacs, and as per Circular No.17 of 2019 dated 08.08.2019 [F.No.279/Misc.142/2007-TTJ(Pt.) issued by the Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India, the CBDT has revised the monetary limit for filing appeals before the ITAT from the existing limit of Rs. 20 lacs to Rs. 50 lacs. In the light of the aforesaid facts, he submitted that this appeal is not maintainable and liable to be dismissed. 3. The Ld. Departmental Representative (DR) fairly conceded that this appeal is not maintainable in light of the aforesaid circular issued by the CBDT. The Ld. DR also did not point out that this appeal falls in any of the exceptions carved out in the above said circular. 4. We have gone through the order of the Ld. Commissioner of Income Tax (Appeals) and the grounds of appeals. We find that the tax effect in the above referred appeal is less than Rs. 50 lacs. 3 I.T.A. No. 3618/Mum/2028 CO No. 49/Mum/2020 Mr. Denish Harilal Shah Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable/withdrawn. 5. Since we have already dismissed the appeal of revenue as not maintainable, the Cross Objection as filed by the assessee as admitted by the Ld. Counsel of the assessee is treated as infructuous. Accordingly, the CO filed by the assessee is also dismissed. 6. In the result, the appeal filed by the revenue and CO filed by assessee stands dismissed. Orders pronounced in the open court on 21 st June, 2022. Sd/- Sd/- (S. Rifaur Rahman) (Amit Shukla) Accountant Member Judicial Member मुंबई Mumbai;ददनांक Dated : 21/06/2022 Sr.PS. Dhananjay 4 I.T.A. No. 3618/Mum/2028 CO No. 49/Mum/2020 Mr. Denish Harilal Shah आदेशकीप्रनिनिनिअग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT- concerned 5. दवभागीयप्रदतदनदध, आयकरअपीलीयअदधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशधिुसधर/ BY ORDER, .उि/सहधयकिंजीकधर (Dy./Asstt.Registrar) आयकरअिीिीयअनर्करण, मुंबई/ ITAT, Mumbai