DY CIT 31(3), MUMBAI V. THE JAWAHAR NAGAR CO OPERATIVE HOUSING SOCIETY LTD, MUMBAI

ITA 3962/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4051 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 05-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV R GUBGOTRA
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NO.3962/MUM/2018 A.Y. 2014 - 15 DEPUTY COMMISSIONER OF INCOME TAX - 31(3) VS. M/S THE JAWAHAR NAGAR CO - OP. HSG. SOCIETY LTD. IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.3962/MUM/2018 (ASSESSMENT YEAR: 2014 - 15) DEPUTY COMMISIONER OF INCOME TAX - 31(3) , C - 13/110, 1 ST FLOOR, PRATYAKSH KAR BHAVAN BANDRA KURLA COMPLEX, MUMBAI - 400051 VS. M/S THE JAWAHAR NAGAR CO - OP HOUSING SOCIETY LTD, PLOT NO.27, S.V. ROAD, JAWAHAR NAGAR , GOREGAON (W), MUMBAI 400 062 PAN AAABT0006F APPELLANT RESPONDENT APPELLANT BY: SHRI RAJEEV R. GUBGOTRA , D.R RESPONDENT BY: NONE DATE OF HEARING: 19 .08 .2019 DATE OF PRONOUNCEMENT: 1 9 .08 .2019 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 42, MUMBAI, DATED 21.03.2018, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC.143(3) OF THE INCOME TAX ACT, 196 1 (FOR SHORT ACT), DATED 16.11 .2016. 2. WE FIND THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL FILED BY THE REVENUE IS LESS THAN RS.50 LACS. ON THE BASIS OF THE AFORESAID FACT, THE APPEAL FILE D BY THE REVENUE AS PER THE MONETA RY LIMITS REVISED BY THE CBDT VIDE ITS CIRCULAR NO. 17/2019 , DATED 08.08.2019 IS FOUND TO BE NOT MAINTAINA BLE. 3. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) ON BEING CONFRONTED DID NOT CONTROVERT THE FACT THAT THE TAX EFFECT INVOLVED IN THE CAPTIONED APPEAL OF THE REVENU E IS MUCH BELOW THE REVISED MONETA RY LIMIT P A G E | 2 ITA NO.3962/MUM/2018 A.Y. 2014 - 15 DEPUTY COMMISSIONER OF INCOME TAX - 31(3) VS. M/S THE JAWAHAR NAGAR CO - OP. HSG. SOCIETY LTD. F OR FILING OF APPEAL S BY THE DEPARTMENT BEFORE THE TRIBUNAL AS PROVIDED IN ITS CIRCULAR NO. 17/2019 , DATED 08.08.2019 . 4. AS THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APP EAL IS ADMITTEDLY BELOW THE MONETA RY LIMIT OF RS.50 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019, THEREFORE, THE SAME NOT BEING MAINTAINABLE IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRON OUNCED IN THE OPEN COURT ON 1 9 .08.2019 S D / - S D / - ( SHA MIM YAHYA) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 19 .08.2019 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 NO.3962/MUM/2018 A.Y. 2014 - 15 DEPUTY COMMISSIONER OF INCOME TAX - 31(3) VS. M/S THE JAWAHAR NAGAR CO - OP. HSG. SOCIETY LTD.