DCIT-21(3), MUMBAI V. LATE SURESH K BHAGAT LEGAL HEIR MS.TANUJA J BHAGAT, MUMBAI

ITA 3891/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3366 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 01-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITNYA ANJARIA
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NOS. 3891 & 3892/MUM/2018 AYS. 2005 - 06 & 2006 - 07 DCIT - 21(3) VS. LATE SURESH K BHAGAT IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND SHRI RAVISH SOOD , JUDICIAL MEMBER ITA NO S . 3891 & 3892/MUM/2018 (ASSESSMENT YEAR S : 2005 - 06 & 2006 - 07 ) DCIT - 21(3) , ROOM NO. 209 , 2 ND FLOOR, PIRAMAL CHAMBERS , LAL BAUG , MUMBAI 12 VS. LATE SURESH K BHAGAT LEGAL HEIR MS. TANUJA J. BHAGAT 212, JAYANT VILLA, VEGETABLE MARKET WORLI NAKA, MUMBAI PAN AABPB7958F APPELLANT RESPONDENT APPELLANT BY: SHRI CHAITNYA ANJARIA , D.R RESPONDENT BY: NONE DATE OF HEARING: 23 .04 .2019 DATE OF PRONOUNCEMENT: 2 3 .04 .2019 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL S FILED BY THE REVENUE PERTAINING TO ASSESSMENT YEAR S 2005 - 06 AND 2006 - 07 ARE DIRECTED AGAI NST THE CONSOLIDATED ORDER PASSED BY CIT(A) - 33, MUMBAI, DATED 27.03.2018 , WHICH IN TURN ARISES FROM THE RESPECTIVE ORDER S PASSED BY THE ASSESSING OFFICER UNDER SEC.143(3) OF THE INCOME TAX ACT, 19 61 (FOR SHORT THE ACT), DATED 28.03.2013 AND 24.03.2014, RESPECTI VELY . 2. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED THAT THE TAX EFFECT INVOLVED IN BOTH THE APPEALS IS LESS THAN RS.20 LAC S . IT WAS THUS SUBMITTED BY THE LD. D.R. THAT THE AFOREMENTION ED APPEALS AS PER CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 WERE NOT MAINTAINABLE. 3. WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE P A G E | 2 ITA NOS. 3891 & 3892/MUM/2018 AYS. 2005 - 06 & 2006 - 07 DCIT - 21(3) VS. LATE SURESH K BHAGAT DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL S IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/ 07/2018, THEREFORE, THE SAME ARE DISMISSED AS NOT MAINTAINABLE. 4. IN T HE RESULT, BOTH THE APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 .04 .2019 S D / - S D / - ( SHAMIM YAHYA ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 23.04.2019 PS. ROHIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NOS. 3891 & 3892/MUM/2018 AYS. 2005 - 06 & 2006 - 07 DCIT - 21(3) VS. LATE SURESH K BHAGAT