DCIT CEN CIR 3, THANE V. LEENA CONSTRUCTION P. LTD, MUMBAI

ITA 3806/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2000 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 25-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANADI VARMA LD
• Assessee Lawyers: GAURAV KABRA LD
• Keywords: Tax effect

Judgement Text

1 ITA NO.3806/MUM/2017 M/S. LEENA CONSTRUCTION P.LTD. ASSESSMENT YEAR-2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.3806/MUM/2017 ( / ASSESSMENT YEAR:2007-08) ACIT - CIRCLE 3 ROOM NO.12, A-WING, 6 TH FLOOR ASHAR IT PARK, ROAD NO.16-Z WAGLE INDUSTRIAL ESTATE, THANE (W). / VS. M/S. LEENA CONSTRUCTION PVT. LTD. 432/434, RAHIM CHAMBERS VIJAYWADI, CHIRA BAZAR MUMBAI-400 002. ./ ./PAN/GIR NO. AAACL-1474-A ( !' /APPELLANT ) : ( #$!' / RESPONDENT ) !'% / APPELLANT BY : SHRI ANADI VARMA LD. CIT - DR #$!'% / RESPONDENT BY : SHRI GAURAV KABRA - LD. AR / DATE OF HEARING : 05/09/2019 / DATE OF PRONOUNCEMENT : 05/09/2019 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER):- 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [AY] 2007-08 CONTEST THE ORDER OF FIRST APPELLATE AUTHORITY DATE D 03/03/2017 ON CERTAIN GROUNDS OF APPEAL. 2 ITA NO.3806/MUM/2017 M/S. LEENA CONSTRUCTION P.LTD. ASSESSMENT YEAR-2007-08 2. THE LEARNED REPRESENTATIVE FOR ASSESSEE, AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT THE TAX EFFECT OF THE QU ANTUM ADDITIONS BEING CONTESTED BY THE REVENUE IS BELOW THE THRESHOLD MON ETARY LIMIT OF RS.50 LACS AS PRESCRIBED BY CENTRAL BOARD OF DIRECT TAXES IN ITS RECENTLY ISSUED CIRCULAR NO.17/2019 DATED 08/08/2019 [F.NO.279/MISC .142/2007-TTJ(PT.) GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMEN T OF REVENUE] AND THEREFORE, THE APPEAL IS NOT MAINTAINABLE. THIS REC ENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCUL AR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. THE LD. DEPARTMENTAL REPRESENTATIVE IS UNABLE TO POINT OUT ANY EXCEPTIONS IN THE APPEAL AS PROVIDED IN PARA-10 OF CIRCULAR NO. 3 OF 2018 DATED 11/07/2018. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIBED LIMIT OF RS.50 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISSUED BY CBDT WHE REIN THE MINIMUM MONETARY LIMIT FOR FILING THE APPEALS BEFORE VARIOU S APPELLATE AUTHORITIES HAVE BEEN FIXED AS UNDER: - S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 50.00,000 2 BEFORE HIGH COURT 1,00.00,000 3 BEFORE SUPREME COURT 2,00.00,000 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018, APPLIES TO THE ABOVE APPEAL. IN VIEW OF THE ADMITTED POSITION, WE DISMISS THE APPEAL FILED BY THE REVENUE. 3 ITA NO.3806/MUM/2017 M/S. LEENA CONSTRUCTION P.LTD. ASSESSMENT YEAR-2007-08 4. AT THE SAME TIME, A LIBERTY IS GRANTED TO REVENU E TO SEEK RECALL OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE ADDITIONS IN THE APPEAL AS AGITATED BY REVENUE EXCE EDS THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH SEPTEMBER, 2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED :05/09/2019 SR.PS:-JAISY VARGHESE => ?> / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #$!' / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. J K # L , L , / DR, ITAT, MUMBAI 6. K MNO / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.