DCIT 15(2)(1), MUMBAI V. IDHASOFT LTD, NAVI MUMBAI

ITA 3843/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6919 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 26-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANUJ KISNADVALA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES K, MUMBAI BEFORE SHRI C.N.PRASAD, JM AND SHRI M.BALAGANESH, AM ITA NO.3843/MUM/2017 : ASST.YEAR 2011-2012 THE DY.COMMISSIONER OF INCOME - TAX CIRCLE 15(2)(1) MUMBAI. VS. M/S.IDHASOFT LIMITED B-407, BSEL TECH PARK, 4 TH FLOOR SECTOR 30A, VASHI NAVI MUMBAI 400 705 PAN : AABCI6090G (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANAND MOHAN [CIT-DR] RESPONDENT BY : SHRI ANUJ KISNADVALA DATE OF HEARING : 03.01.2019 DATE OF PRONOUNCEMENT : 03 . 01.2019. O R D E R PER M.BALAGANESH (AM) : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-III (IN SHORT `THE LD.CIT(A)) U/S 143(3) R.W.S. 144C(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS `THE ACT) DATED 22.02.2017, FOR THE ASSESSMENT YEAR 2011-2012. 2. IT IS OBSERVED THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA), IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEAL TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS, APPEAL SHOULD NOT BE FILED. THUS, TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE ITA NO.3843/MUM/2017. M/S.IDHASOFT LIMITED. 2 INSTANT APPEALS IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUE(S) RAISED IN THE INSTANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER, IF SO, ADVISED. 3. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018, THE APPEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 03 RD DAY OF JANUARY, 2019. SD/- SD/- ( C.N.PRASAD ) ( M.BALAGANESH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 03 RD JANUARY, 2019. DEVDAS* / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. () / THE CIT, MUMBAI. 4. / CIT(A)-III, MUMBAI. 5. , , / DR, ITAT, MUMBAI 6. [ / GUARD FILE.