DCIT- CC-4(2), MUMBAI V. NATASHA GUPTA, MUMBAI

ITA 3796/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2467 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 30-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MAYANK CHAUHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO. 3796 /MUM./2018 ( ASSESSMENT YEAR : 20 09 10 ) DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 4(2), MUMBAI .. APPELLANT V/S NATASHA GUPTA 6 TH FLOOR, APEEJAY HOUSE 130, MUMBAI SAMACHAR MARG FORT, MUMBAI 400 021 PAN AABPG3428M .... RESPONDENT REVENUE BY : SHRI VIVEK ANAND OJHA ASS ESSEE BY : SHRI MAYANK CHAUHAN DATE OF HEARING 07 .03.2019 DATE OF ORDER 0 7 .03.2019 O R D E R THE PRESENT APPEAL PREFERRED BY THE REVENUE IS DIRECTED AGAINST THE IMPUGNED ORDER DATED 21 ST MARCH 2018 , PASSED BY LEARNED COMMISSIONER (APPEALS) 52 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 20 09 10 . 2 . AT THE OUTSET, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE TAX EFFECT ON THE QUANTUM OF ADDITIONS CONTESTED BY THE REVENUE IS LESS THAN THE PRESCRIBED LIMIT OF ` 20 LAKH FIXED FOR FILING OF 2 NATASHA GUPTA APPEAL BEFORE THE INCOME TAX APPELLATE TRIBUNAL, HENC E, IS COVERED BY THE RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.3/2018, DATED 11 TH JULY 2018, 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 ADDITIONS DISPUTED BY THE REVENUE IN THE PRESENT APPEAL IS BELOW THE THRESHOLD LIMIT OF ` 20 LAKH. T HEREFORE, AS PER THE CBDT CIRCULAR R EFERRED TO ABOVE, THE APPEAL FILED BY THE REVENUE HAS TO BE WITHDRAWN/ NOT PRESSED, SINCE, THE AFORESAID CIRCULAR BY CBDT APPLIES EVEN TO THE PENDING APPEALS.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, REVEN UES APPEAL STANDS DISMISSED. ORDER PR ONOUNCED IN THE OPEN COURT ON 07 .03.2019 SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 0 7 .03.2019 3 NATASHA GUPTA 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