DCIT CC-4(1), CENTRAL RANGE-4, PR.CIT(C)-2, MUMBAI V. RAJKUMAR SINGH, MUMBAI

ITA 3912/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5971 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 01-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV GUBGOTRA
• Keywords: Tax effect
• Section: 153C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE S HRI RAJESH KUMAR (AM ) AND SHRI RAM LAL NEGI (JM) ITA NO. 3912 /MUM/20 1 8 ASSESSMENT YEAR: 2011 - 12 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(1), CENTRAL RANGE - 4, PR. CIT (2), R. NO. 1916, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400021 VS. SHRI RAJKUMAR S SINGH, G - 1, THAKUR HOUSE, ASHOK NAGAR, KANDIVALI (E), MUMBAI - 400101 PAN: AAPPS3162E (APPELLANT) (RESPONDENT) REVENUE BY : SHRI RAJEEV GUBGOT RA (DR ) ASSESSEE BY : SHRI NIKHIL TIWARI (A R) DATE OF HEARING: 04/08 /2020 DATE OF PRONOUNCEMENT: 07 / 08 /2020 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE REVENU E AGAINST THE ORDER DATED 28.03.2018 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (FOR SHORT THE ( CIT (A) 52 , MUMBAI , FOR THE A S S ESSMENT YEAR 2011 - 12 , WHEREBY THE LD. CIT A) HAS PARTLY ALLOWED THE APPEAL FILED BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER PASSED U/S 143 (3) R.W.S. 153C OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT). 3 . THE REVENUE HAS CHALLENGED THE ORDER OF THE LD. CIT (A) ON THE FOLLOWING EFFECTIVE GROUND: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT ( A) ERRED IN HOLDING THAT TOTAL INCOME CANNOT BE ASSESSED/REASSESSED U/S 153A, IF THERE IS NO FINDINGS OF THE SEARCH AND IF THE ASSESSMENT WERE COMPLETE ON THE DAY OF THE SEARCH. 2 ITA NO. 3912 / MUM/2018 ASSESSMENT YEAR: 2011 - 1 2 4. AT THE OUTSET, THE LD. COUNSEL FOR THE RESPONDENT/ASSESSEE POINTED OUT THAT THE TAX EFFECT OF THE RELIEF GRA NTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 5 0 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) , DEPARTMENT OF REVENUE, MINISTRY OF FINANC E, GOVERNMENT OF INDIA , THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEAL S BEFORE THE ITAT FROM THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS . IN THE LIGHT OF THE AFORESAID FACTS, THE LD. COUNSEL SUBMITTED THAT THIS APPEAL IS NOT MAINTAINABLE AN D LIABLE TO BE DISMISSED. 5 . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY ADMITTED THAT TH IS APPEAL IS NOT MAINTAINABLE IN LIGHT OF THE CIRCULAR AFORESAID ISSUED BY THE CBDT, HOWEVER, SUBMITTED THAT THE DEPARTMENT MAY BE GIVEN LIBERTY TO FILE MISCELLAN EOUS APPLICATION IN CASE IT IS FOUND THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR OR OTHERWISE MAINTAINABLE. 6 . WE HAVE GONE THROUGH THE IMPUGNED ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF A PPEALS. AS POINTED OUT BY THE LD. COUNSEL, THE TAX EFFEC T IN THIS APPEAL IS LESS THAN RS. 5 0 LACS. ACCORDINGLY, W E DISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE/WITHDRAWN . HOWEVER, IN CASE, IT IS FOUND THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR OR OTHERWISE MAINTAINABLE, THEN THE REVENUE IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER OF THE TRIBUNAL FOR DECIDING THE APPEAL AFRESH ON MERITS. IN THE RESULT, APPEAL FILED BY THE R EVENUE FOR ASSESSMENT YEAR 2011 - 2012 IS DISMISSED. ORDER PRON OUNCED ON 7 TH . AUGUST, 2020 UNDER RULE 34(4) OF THE INCOME TAX APPELLATE TRIBUNAL RULES, 1963. SD/ - SD/ - ( RAJESH KUMAR ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 07 / 08 / 2020 3 ITA NO. 3912 / MUM/2018 ASSESSMENT YEAR: 2011 - 1 2 ALINDRA, PS / 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 . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI