DCIT CC-2(4), MUMBAI V. SHRI VIJAY B. PUROHIT, MUMBAI

ITA 3837/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2726 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 31-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR LD
• Assessee Lawyers: IN PERSON
• Keywords: Tax effect

Judgement Text

ITA NO.3837 & 3838/MUM/2018 ASSESSMENT YEARS: 2011-12 & 2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.3837/MUM/2018 ( / ASSESSMENT YEAR: 2011-12) & ./ I.T.A. NO.3838/MUM/2018 ( / ASSESSMENT YEAR: 2012-13) D CIT - CC - 2(4) ROOM NO.802, 8 TH FLOOR OLD CGO ANNEX. BUILDING M.K. ROAD, MUMBAI 400 020. / VS. SHRI VIJAY B. PUROHIT 20, 2 ND FLOOR, 6/8, VITHALWADI VITHOBA LANE MUMBAI-400 002. PAN/GIR NO. ALQPP - 0937 - N ( '# /APPELLANT ) : ( $%'# / RESPONDENT ) ASSESSEE BY : ASSESSEE-IN-PERSON REVENUE BY : SHRI AJAY KUMAR-LD.CIT AR / DATE OF HEARING : 26/11/2020 / DATE OF PRONOUNCEMENT : 26/11/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE REVENUE IS IN APPEAL FOR ASSESSMENT YEARS 20 11-12 & 2012-13 CONTESTING THE ACTION OF LD. FIRST APPELLATE AUTHOR ITY IN REDUCING THE ESTIMATION OF INCOME. 2. AT THE OUTSET, IT IS SEEN THAT THAT THE TAX EFFE CT IN BOTH THE APPEALS IS LESS THAN THRESHOLD LIMIT OF RS.50 LACS AND THEREFO RE, THE APPEALS FILED BY ITA NO.3837 & 3838/MUM/2018 ASSESSMENT YEARS: 2011-12 & 2012-13 2 REVENUE ARE NOT MAINTAINABLE IN TERMS OF LATEST LOW TAX EFFECT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007-T TJ(PT.) ISSUED BY CBDT. THIS RECENT CIRCULAR FURTHER ENHANCES THE MON ETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 ISSU ED BY CBDT AS AMENDED ON 20/08/2018. 3. THE LEARNED CIT-DR COULD NOT CONTROVERT THE AFOR ESAID FACT. NO EXCEPTIONS HAVE BEEN POINTED OUT. THEREFORE, BOTH T HE APPEALS ARE LIABLE TO BE DISMISSED IN TERMS OF AFORESAID CIRCULAR ISSU ED BY CBDT. WE ORDER SO. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF ANY THE APPEALS, IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR I N CASE THE TAX EFFECT AS AGITATED BY REVENUE IN ANY OF THE APPEAL, EXCEEDS T HE PRESCRIBED MONETARY LIMIT. 5. IN THE RESULT, BOTH THE APPEALS STAND DISMISSED. ORDER PRONOUNCED ON 26 TH NOVEMBER, 2020. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 26/11/2020 SR.PS:-JAISY VARGHESE '# $# / COPY OF THE ORDER FORWARDED TO : 1. '# / THE APPELLANT 2. $%'# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$- , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE ITA NO.3837 & 3838/MUM/2018 ASSESSMENT YEARS: 2011-12 & 2012-13 3 / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.