ITO (TDS) 1(1)(2), MUMBAI V. ARZOO.COM INDIA P.LTD, MUMBAI

ITA 3969/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8096 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2017
• Appeal Filed By: Department
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 25-06-2015
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Assessee Lawyers: R J SHUKLA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H , MUMBAI BEFORE SHRI C.N. PRASAD , JUDICIAL MEMBER AND SHRI RA MIT KOCHAR , ACCOUNTANT MEMBER ITA NO. 3 969 /MUM/201 5 : (A.Y : 20 12 - 13 ) IT O (TDS) 1(1)(2) ROOM NO. 805 K.G MITTAL HOSPITAL BLDG CHARNI ROAD MUMBAI 400 00 2 (APPELLANT) VS. M/S ARZOO COM INDIA P.LTD 5 TH FLOOR, SAMRUDHI VENTURE PARK CENTRAL ROAD MIDC, ANDHERI (EAST) MUMBAI 400 0 9 3 PAN : AA BCN1337M (RESPONDENT) APPELLANT BY : SHRI B.S. BIST RESPONDENT BY : SHRI R.J.SHUKLA DATE OF HEARING : 0 6 / 0 3 /201 7 DATE OF PRONOUNCEMENT : 0 6 / 0 3 /2017 O R D E R PER C . N . PRASAD , J M : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 20 . 0 4 .201 5 , PASSED BY THE LD. CIT (APPEALS) - 5 9 , MUMBAI, FOR THE ASSESSMENT YEAR 20 12 - 13 . 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THIS REVENUES APPEAL IS LESS THAN RS. 10 LAKHS AND THEREFORE IN VIEW OF CBD T CIRCULAR NO. 21/2015 DATED 10.12. 2015 , THE APPEAL IS NOT MAINTAI NABLE. THE LD. DR FAIRLY SUBMITS THAT THE TAX E FFECT IS LESS THAN RS.10 LAKHS I.E. THE AMOUNT OF TAX DEDUCTIBLE AT SOURCE IS AT RS.9,49,281/ - U/S 194/194J OF THE ACT IN THIS REVENUES APPEAL EXCLUDING THE INTEREST CHARGED U/S 201(1A) OF THE ACT. M/S ARZOO COM INDIA P. LTD. ITA NO . 3 969 /MUM/20 1 5 3. WE FOUND THAT AS PER TH E RECENT CIRCULAR NO.21/2015, DATED 10 .12. 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 4 . CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 5 . IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 6 TH MARCH 201 7 . SD/ - SD/ - RA MIT KOCHAR C.N.PRASAD / / ACCOUNTANT M EMBER JUDICIAL MEMBER MUMBAI, DATE : 6 TH MARCH , 201 7 LR, SPS M/S ARZOO COM INDIA P. LTD. ITA NO . 3 969 /MUM/20 1 5 COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, I BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI