ITO 21(3)(4), MUMBAI V. NEW EGG CENTRE, MUMBAI

ITA 3824/MUM/2011

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9146 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 11-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIKLD
• Keywords: Tax effect
• Section: 271(1)(c)

Judgement Text

1 ITA NO.3824-25/MUM/2011 M/S. NEW EGG CENTRE ASSESSMENT YEAR-2002-03 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.3824/MUM/2011 ( / ASSESSMENT YEAR: 2002-03) & ./ I.T.A. NO.3825/MUM/2011 ( / ASSESSMENT YEAR: 2002-03) INCOME TAX OFFICER 21(3)(4) C-11, BLDG., 5 TH FLOOR PRATYAKSHKAR BHAVAN BKC, BANDRA(E), MUMBAI-400 051. / VS. M/S. NEW EGG CENTRE OPP. L&T GATE NO.07 SAKI VIHAR ROAD POWAI, MUMBAI-400 072. ./ ./PAN/GIR NO.AAAFN-2058-D ( '# /APPELLANT ) : ( $%'# / RESPONDENT ) APPELLANT BY : SHRI MS. KAVITA P. KAUSHIK-LD. DR RES PONDENT BY : SHRI PRAKASH PANDIT-LD. AR / DATE OF HEARING : 26/09/2019 / DATE OF PRONOUNCEMENT : 26/09/2019 / O R D E R PER BENCH :: 1. BY WAY OF THESE APPEALS FOR ASSESSMENT YEAR 2002 -03, THE REVENUE IS CONTESTING THE CORRECTNESS OF ORDERS OF LEARNED FIR ST APPELLATE AUTHORITY IN DELETING CERTAIN QUANTUM ADDITIONS AS WELL AS DELET ION OF PENALTY U/S 271(1)(C) IN THE MATTER OF CAPTIONED ASSESSEE. 2 ITA NO.3824-25/MUM/2011 M/S. NEW EGG CENTRE ASSESSMENT YEAR-2002-03 2. THE LEARNED AUTHORIZED REPRESENTATIVE FOR ASSESS EE, AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT THE TAX EFFECT OF THE QUANTUM ADDITIONS AS WELL AS QUANTUM OF PENALTY BEING CONTESTED BY THE R EVENUE IS BELOW THE THRESHOLD MONETARY LIMIT OF RS.50 LACS AS PRESCRIBE D 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 INDI A, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE] AND THEREFORE, THE APPEALS ARE NOT MAINTAINABLE. THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 I SSUED BY CBDT AS AMENDED ON 20/08/2018. THE LD. DEPARTMENTAL REPRESE NTATIVE 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. THE PERUSAL OF GROUNDS OF APPEAL AS WELL AS QUANTUM ORDER, PRIMA FACIE, ESTABLISHES THAT THE TAX EFFECT OF QUANTUM ADDITION / PENALTY BEING CONTESTED BY THE REVENUE I S BELOW RS.50 LACS. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT IN BOTH THE APPEALS 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 3 ITA NO.3824-25/MUM/2011 M/S. NEW EGG CENTRE ASSESSMENT YEAR-2002-03 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018, APPLIES TO THE PENDING APPEALS ALSO. IN VIEW OF THE ADMITTED POSITION, WE DISMISS BOTH THE APPEALS FILED BY THE REVENUE. 4. AT THE SAME TIME, A LIBERTY IS GRANTED TO REVENU E TO SEEK RECALL OF ANY OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THA T THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE ADDITIONS OR THE QUANTUM OF PENALTY AS AGITATED BY REVENUE EXCEEDS THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, BOTH THE APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH SEPTEMBER,2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 26/09/2019 SR.PS:-JAISY VARGHESE >' ?' / COPY OF THE ORDER FORWARDED TO : 1. '# / THE APPELLANT 2. $%'# / THE RESPONDENT 4 ITA NO.3824-25/MUM/2011 M/S. NEW EGG CENTRE ASSESSMENT YEAR-2002-03 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. ' ($ ) , ) , / DR, ITAT, MUMBAI 6. ( +,- / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI