DCIT-3(3)(2), Mumbai V. M/S WHITE PEARL HOTELS & INVESTMENTS PVT LTD., Mumbai

ITA 3856/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4676 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2015-2016
• Appeal Filed On: 31-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T.S. KHALSA LD.
• Assessee Lawyers: PRAMILA RATHILD
• Keywords: Tax effect
• Section: 20

Judgement Text

ITA NO.3856/MUM/2019 M/S. WHITE PEARL HOTELS & INVESTMENTS PVT. LTD. ASSESSMENT YEAR: 2015-16 1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , , BEFORE HONBLE SHRI MANOJ KUMAR AGGARWAL, AM AND HONBLE SHRI RAVISH SOOD, JM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.3856/MUM/2019 ( / ASSESSMENT YEAR: 2015-16) DCIT - 3(3)(2) ROOM NO.628, 6 TH FLOOR AAYKAR BHAWAN, M.K.ROAD MUMBAI-400 020 / VS. M/S. WHITE PEARL HOTELS & INVESTMENTS PVT.LTD. 4/27, FIRST FLOOR, KAMAL MANSION ARTHUR BUNDER ROAD, COLABA MUMBAI-400 005 ./ ./PAN/GIR NO. AAACW-0011-E ( ' /APPELLANT ) : ( #$ ' / RESPONDENT ) ASSESSEE BY : MS. PRAMILA RATHI-LD.AR REVENUE BY : SHRI T.S. KHALSA- LD. SR.AR / DATE OF HEARING : 11/02/2021 / DATE OF PRONOUNCEMENT : 11/02/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2015-16 CONTEST THE ORDER OF L D. COMMISSIONER OF INCOME-TAX (APPEALS)-8, MUMBAI [IN SHORT REFERRE D TO AS CIT(A)], APPEAL NO.CIT(A)-8/IT-20/17-18, DATED 25 /03/2019 WHICH HAS DELETED CERTAIN DISALLOWANCE OF RS.83.94 LACS U /S 14A. 2. THE LD. COUNSEL FOR ASSESSEE, MS. PRAMILA RATHI, AT THE OUTSET, SUBMITTED THAT TAX EFFECT OF QUANTUM ADDITI ONS BEING ITA NO.3856/MUM/2019 M/S. WHITE PEARL HOTELS & INVESTMENTS PVT. LTD. ASSESSMENT YEAR: 2015-16 2 CONTESTED BY THE REVENUE IS BELOW PRESCRIBED THRESH OLD LIMIT OF RS.50 LACS AND THEREFORE, THE REVENUES APPEAL IS N OT MAINTAINABLE IN TERMS OF LATEST LOW TAX EFFECT CBDT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007-TTJ(PT.) . THE LD. DR COULD NOT POINT OUT ANY EXCEPTION TO CONTROVERT THE PLEA RAISED BY LD. AR. 3. AFTER GOING THROUGH MATERIAL ON RECORD, WE FIND THAT THE TAX EFFECT OF QUANTUM ADDITIONS UNDER DISPUTE IS BELOW THRESHOLD MONETARY LIMIT OF RS.50 LACS AND THEREFORE, THE APP EAL IS NOT MAINTAINABLE IN TERMS OF RECENTLY ISSUED LOW TAX EF FECT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007-T TJ(PT.) ISSUED BY CBDT. THIS RECENT CIRCULAR FURTHER ENHANC ES THE MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 20 18 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. IN VIEW OF THE SAME, THE APPEAL IS NOT MAINTAINABLE. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THA T THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CI RCULAR OR IN CASE THE TAX EFFECT IN THE APPEAL EXCEEDS THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED ON 11 TH FEBRUARY, 2021. SD/- SD/- (RAVISH SOOD) (M ANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 11/02/2021 SR.PS, KASARLA THIRUMALESH ITA NO.3856/MUM/2019 M/S. WHITE PEARL HOTELS & INVESTMENTS PVT. LTD. ASSESSMENT YEAR: 2015-16 3 ! / COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. #$ ' / THE RESPONDENT 3. + ( ) / THE CIT(A) 4. + / CIT CONCERNED 5. ,-#&. , . , / DR, ITAT, MUMBAI 6. -/01 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.