DCIT -CC- 8(1), MUMBAI V. JJB TRADING CO. , MUMBAI

ITA 3620/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3601 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 25-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMATHA MULLAMUDI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH F, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ITA NO.3620/MUM/2018(A.Y.2010-11) THE DCIT, CEN.CIR.8(1), ROOM NO.656, 6 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... APPELLANT VS. M/S. JJB TRADING, 306/307, SAGAR AVENUE, S.V.ROAD, OPP. SHOPPERS STOP, ANDHERI(W), MUMBAI 400 058. PAN:AAFFJ 9736 M ..... RESPONDENT APPELLANT BY : MS.SAMATHA MULLAMUDI RESPONDENT BY : NONE DATE OF HEARING : 06/11/2019 DATE OF PRONOUNCEMENT : 06/11/2019 ORDER PER VIKAS AWASTHY, JM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST ORDE R OF THE COMMISSIONER OF INCOME TAX (APPEALS)-36, (IN SHORT THE CIT(A) ), MUMBAI DATED 28/02/2018 FOR THE ASSESSMENT YEAR 2010-11. 2. MS. SAMATHA MULLAMUDI REPRESENTING THE DEPART MENT FAIRLY POINTED THAT IN THE PRESENT APPEAL BY THE DEPARTM ENT TAX EFFECT IS LESS THAN RS.50 LAKHS. 2 ITA NO.3620/MUM/2018(A.Y.2010-11) 3. THE REVENUE IN APPEAL HAS ASSAILED THE ORDER OF CIT(A) IN DELETING THE ADDITION OF ALLEGED NON-GENUINE COMMISSION EXPE NDITURE RS.85,59,388/-. THE TAX EFFECT INVOLVED IN THIS A PPEALS IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCUL AR NO. 17/2019, DATED 08-08-2019 FOR FILING OF APPEALS BEFORE THE TRIBUNA L BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08-08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRCULAR NO. 3 OF 2018 DATED 11-07-2018 THEREBY ENH ANCING MONETARY LIMIT OF TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT G OING INTO MERITS OF THE ISSUE RAISED IN THE APPEAL, THE PRESENT APPE AL BY THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2 018 AND ITS AMENDMENT DATED 20/08/2018. 5 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT AFTER HEARING OF THE APPEAL ON TUESDAY, THE 6 TH DAY OF NOVEMBER, 2019. SD/- SD/- (G. MANJUNATHA) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 06/11/2019 VM , SR. PS(O/S) 3 ITA NO.3620/MUM/2018(A.Y.2010-11) COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI