INCOME TAX OFFICER-17(3)(4), MUMBAI V. M/S.SUNRISE DEVELOPERS, MUMBAI

ITA 3973/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5221 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 05-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , , BEFORE HONBLE SHRI C.N. PRASAD, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM 1. ./ I.T.A. NO.5248/MUM/2017 ( / ASSESSMENT YEAR: 2009-10) DCIT - 1(3)(1) ROOM NO.540, 5 TH FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. / VS. M/S. SHAH GRANITES PRIVATE LTD. 409/410, A-WING, MASTER MIND-I, ROYAL PALMS, MAYUR NAGAR AAREY MILK COLONY, GOREGAON (E) MUMBAI-400 065. ./ ./PAN/GIR NO. AAACS-5241-C ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD. SR. DR & 2. ./ I.T.A. NO.5249/MUM/2017 ( / ASSESSMENT YEAR: 2010-11) DCIT - 1(3)(1) ROOM NO.540, 5 TH FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI-400 020. / VS. M/S. SHAH GRANITES PRIVATE LTD. 409/410, A-WING, MASTER MIND-I, ROYAL PALMS, MAYUR NAGAR AAREY MILK COLONY, GOREGAON (E) MUMBAI-400 065. ./ ./PAN/GIR NO. AAACS-5241-C ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD. SR. DR & 3. ./ I.T.A. NO.3971/MUM/2018 ( / ASSESSMENT YEAR: 2010-11) ITO 17(3)(4) ROOM NO.123, AAYKAR BHAVAN M.K. MARG, NEW MARINE LINES / VS. M/S. SUNRISE DEVELOPERS SUNBEAM CHAMBERS, GR.FLOOR NEW MARINE LINES 2 MUMBAI-400 020. MUMBAI-400 020. ./ ./PAN/GIR NO. ABCFS-2667-N ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI SUCHEK ANCHALIYA-LD. AR REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD.SR.AR & 4. ./ I.T.A. NO.3972/MUM/2018 ( / ASSESSMENT YEAR: 2011-12) ITO 17(3)(4) ROOM NO.123, AAYKAR BHAVAN M.K. MARG, NEW MARINE LINES MUMBAI-400 020. / VS. M/S. SUNRISE DEVELOPERS SUNBEAM CHAMBERS, GR.FLOOR NEW MARINE LINES MUMBAI-400 020. ./ ./PAN/GIR NO. ABCFS-2667-N ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI SUCHEK ANCHALIYA-LD. AR REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD.SR.AR & 5. ./ I.T.A. NO.3973/MUM/2018 ( / ASSESSMENT YEAR: 2012-13) ITO 17(3)(4) ROOM NO.123, AAYKAR BHAVAN M.K. MARG, NEW MARINE LINES MUMBAI-400 020. / VS. M/S. SUNRISE DEVELOPERS SUNBEAM CHAMBERS, GR.FLOOR NEW MARINE LINES MUMBAI-400 020. ./ ./PAN/GIR NO. ABCFS-2667-N ( /APPELLANT ) : ( / RESPONDENT ) ASSES SEE BY : SHRI SUCHEK ANCHALIYA-LD. AR REVENUE BY : CHAUDHARY ARUN KUMAR SINGH - LD.SR.AR / DATE OF HEARING : 21/08/2019 / DATE OF PRONOUNCEMENT : 21/08/2019 3 / O R D E R PER BENCH 1. AFORESAID APPEALS, ALL BY REVENUE, WITH RESPECT TO DIFFERENT ASSESSEE CONTEST SEPARATE ORDERS OF LEARNED FIRST A PPELLATE AUTHORITY. SINCE THE TAX EFFECT IN ALL THESE APPEALS IS STATED TO BE LESS THAN MONETARY LIMIT OF RS.50 LACS AS PRESCRIBED BY CENTR AL BOARD OF DIRECT TAXES IN ITS RECENTLY ISSUED CIRCULAR NO.17/2019 DA TED 08/08/2019 [F.NO.279/MISC.142/2007-TTJ(PT.) GOVERNMENT OF INDI A, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE], ALL THESE APPEALS ARE BEING DISPOSED- OFF BY WAY OF THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE & BREVITY. 2. UPON PERUSAL OF APPEAL FOLDERS, PRIMA FACIE, IT APPEARS THAT THE TAX EFFECT OF THE QUANTUM ADDITIONS BEING CONTESTED BY THE REVENUE IS LESS THAN PRESCRIBED MONETARY LIMIT OF RS.50 LACS AND TH E SAME IS COVERED BY RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.17/2019 DATED 08/08/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIE R CIRCULAR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08 /2018. THE LD. DEPARTMENTAL REPRESENTATIVE IS UNABLE TO POINT OUT ANY EXCEPTIONS IN THE APPEALS AS PROVIDED IN PARA-10 OF CIRCULAR NO. 3 OF 2018 DATED 11/07/2018. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IN EACH OF THE APPEAL IS BELOW P RESCRIBED LIMIT OF RS.50 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISSUED BY CBDT WHEREIN THE MINIMUM MONETARY LIMIT F OR FILING THE APPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE B EEN FIXED AS UNDER: - 4 S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 50.00,000 2 BEFORE HIGH COURT 1,00.00,000 3 BEFORE SUPREME COURT 2,00.00,000 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018, APPLIES TO PENDING APPEALS ALSO. IN VIE W OF THE ADMITTED POSITION, WE DISMISS ALL THE APPEALS. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF ANY APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEED S THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, ALL THE APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST AUGUST, 2019. SD/- SD/- (C.N. PRASAD) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 21/08/2019 SR.PS, JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #!' / THE RESPONDENT 3. $ $ % ( ) / THE CIT(A) 4. $ $ % / CIT CONCERNED 5. &' ( ) , $ ) , / DR, ITAT, MUMBAI 6. '+,- / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.