ITO-19(1)(4), Mumbai V. SHRI. DHIRAJLAL PREMJI GALA, Mumbai

ITA 3908/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0043 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 31-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH LD
• Keywords: Tax effect
• Section: 201; 15

Judgement Text

I.T.A. NO.3908/MUM/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI , , BEFORE HONBLE SHRI C.N. PRASAD , JM AND HONBL E SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO . 3908 / MUM/ 2019 ( / ASSESSMENT YEAR S : 201 4 - 15 ) ITO - 19(1)(4) 215, MATRU MANDIR MUMBAI 4000 07 / VS. DHIRAJLAL PREMJI GALA A - 1104, SURYA APAR TMENT 53, BHULABHAI DESAI ROAD MUMB AI - 400 0 26 ./ ./ PAN/GIR NO. A ABPG 2439 C ( / APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI GURBINDER SINGH - L D. SR. DR / DATE OF HEARING : 28 /12/2 020 / DATE OF PRONOUNCEMENT : 28/12/2020 / O R D E R PER MANOJ KUMAR AGGARWAL (AM) 1. AFORESAID APPEAL BY REVENUE F OR ASSESSMENT YEAR 2014 - 1 5 CONTEST THE ORDER OF LEARNED FIRST APPELLATE AUTHORITY ON CERTAIN GROUNDS OF APPEAL. UPO N PERUSAL OF FORM - 36, IT IS NOTED THAT THE NAME OF THE ASSESSEE HAS ERRONEOUSLY BEEN WRITTEN AS SHRI HIRALAL M.JAIN. HOWEVER, ASSESSEES PARTICULARS IN AUTHORIZATION MEMO HAVE CORRECTLY BEEN WRITTEN. THEREFORE, FINDING MERE TYPOGRAPHICAL ERROR IN FORM NO.3 6, WE IGNORE THE SAME AND PROCEED TO DISPOSE - OFF THE APPEAL. I.T.A. NO.3908/MUM/2019 2 2. AT THE TIME OF HEARING, NONE APPEARED FOR ASSESSEE. HOWEVER, THE MATTER WAS PROCEEDED WITH SINCE THE REVENUES APPEAL, PRIMA - FACIE , IS NOT MAINTAINABLE IN TERMS OF LOW TAX EFFECT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007 - TTJ(PT.) ISSUED BY CBDT. 3. WE FIND THAT THE TAX EFFECT OF DISPUTED A DDITION IS BELOW THRESHOLD MONETARY LIMIT OF RS.50 LACS AND THE APPEAL IS NOT MAINTAINABLE IN TERMS OF RECENTLY ISSUED LOW TAX EFFECT CIR CULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007 - TTJ(PT.) ISSUED BY CBDT. THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. IN VIEW OF THE S AME, 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 THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR IN CASE THE TAX EFFECT IN THE APPEAL E XCEEDS THE PRESCRIBED MONETARY LIMIT. 5. IN THE RESULT, THE APPEAL STANDS DISMISSED. O RDER PR ONOUNCED ON 28 TH DECEMBER, 2020. SD/ - SD/ - SD/ - ( C.N.PRASAD ) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 28/12/2020 S R.PS , SUDIP SARKAR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT I.T.A. NO.3908/MUM/2019 3 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI .