INCOME TAX OFFICER-27(2)(1), MUMBAI V. SHRI KAUSHIK C GHELANI, MUMBAI

ITA 3975/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4505 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 05-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR SINGHDR
• Keywords: Tax effect

Judgement Text

1 ITA 3975/MUM/2018 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI AMARJIT SINGH (JUDICIAL MEMBER) AND SHRI G MANJUNATHA (ACCOUNTANT MEMBER) I.T.A NO. 3975/MUM/2018 (ASSESSMENT YEAR: 2009-10) ITO-27(2)(1) R.N-413,4 TH FLOOR, TOWER NO.6 VASHI RAILWAY STATION COMPLEX VASHI, NAVI MUMBAI-400 703 VS KAUSHIK CHANDULAL GHELANI A-401,JEERAWALI RESIDENCY, DERASAR LANE, GHATKOPAR(E) MUMBAI-400 077 PAN: AA FPG7050D APP ELLANT RESPONDENT APPELLANT BY SHRI MANOJ KUMAR SINGH-(DR) RESPONDENT BY NONE DATE OF HEARING 20 -08-2019 DATE OF PRONOUNCEMENT 20 -08-2019 O R D E R PER G MANJUNATHA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAI NST ORDER OF THE CIT(A)- 25, MUMBAI DATED 23/03/2018 AND IT PERTAINS TO AY 2009-10. 2. NONE APPEARED FOR THE ASSESSEE. WE HAVE HEARD TH E LD. DR AND PERUSED MATERIALS AVAILABLE ON RECORD. DURING COURS E OF HEARING, LD. DR FOR THE REVENUE SUBMITTED THAT TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 50 LACS AND IN VIEW OF LATEST CBDT CIRCULAR 2 ITA 3975/MUM/2018 NO.17/2019 DATED 08/08/2019, APPEAL FILED BY THE RE VENUE IS NOT MAINTAINABLE AND NEEDS TO BE DISMISSED, HOWEVER, HE FURTHER ARGUED THAT, THE ISSUE INVOLVED IN THIS APPEAL IS APPEARS TO BE COVERED BY EXCEPTION PROVIDED UNDER CLAUSE (E) OF SUBSEQUENT C IRCULAR AND THEREFORE, IF REQUIRED THE REVENUE SHALL BE ALLOWED TO FILE MISCELLANEOUS APPLICATION TO RELCALL THE ORDER. WE, FIND THAT, TH E CBDT, RECENTLY HAD ISSUED A CIRCULAR NO. 3/2018 DATED 11-7-2018, SUPER SEDING ITS EARLIER CIRCULAR NO. 21/2015 AND ENHANCED MONETARY LIMIT FO R FILING APPEAL BEFORE VARIOUS APPELLATE AUTHORITIES AND ACCORDINGLY, ENHA NCED MONETARY LIMIT TO RS. 20,00,000/- FOR FILING APPEAL BEFORE THE TRI BUNAL. FURTHER, THE BOARD HAS ISSUED ONE MORE CIRCULAR VIDE CIRUCLAR NO .17/2019 DATED 08/08/2019 AND ENHANCED MONETARY LIMIT FOR FILING A PPEAL BEFORE APPELLATE TRIBUNAL TO RS. 50,00,000/-. FURTHER, IN THE SAID CIRCULAR, THE CBDT HAD INSTRUCTED ITS OFFICERS TO FILE APPLICATI ON FOR WITHDRAWAL OF APPEAL ALREADY FILED OR NOT TO PURSUE PENDING APPEA LS. WE, THEREFORE, BY TAKING INTO ACCOUNT THE CBDT CIRCULAR NO. 3/2018 DA TED 11-7-2018 AND CIRCULAR NO.17/2019 DATED 08/08/2019 AND ALSO CONS IDERING THE FACT THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS T HAN THE AMOUNT OF MONETARY LIMIT FIXED BY THE CBDT FOR NOT FILING APP EAL, DISMISSED APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE. WE, FURTH ER NOTED THAT THE CO- ORDINATE BENCH OF ITAT, AHMEDABAD A BENCH IN ITA. NO. 3 ITA 3975/MUM/2018 1398/AHD/2004, VIDE ORDER DATED 14/08/2019 AT PASSE D DETAILED ORDER CONSIDERING THE NEW CIRCULAR ISSUED BY THE CBDT HEL D THAT EXCEPT AMENDMENT TO PARA 3 OF THE CIRCULAR NO.3/2018 DATED 11/07/2018, ALL OTHER PORTIONS OF THE CIRCULAR NO.03/2018 (SUPRA) H AVE REMAIN INTACT, THEREFORE, THIS CIRCULAR IS APPLICABLE EVEN FOR PEN DING APPEALS AND ACCORDINGLY, REJECTED THE ARGUMENTS OF THE REVENUE THAT THE EFFECT OF THE CIRCULAR SHALL COME INTO FORCE FROM THE DATE OF ISS UE OF THIS CIRCULAR. THEREFORE, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THIS CASE AND ALSO TAKEN NOTE OF CIRCULAR ISSUED BY THE CBDT INCLUDING CIRCULAR NO. 17/2019 DATED 08/08/2019, AND ALSO BY FOLLOWING THE DECISIO N OF CO-ORDINATE BENCH, WE DISMISSED APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE. HOWEVER, WE KEEP OPEN OPTION TO THE REVENUE TO FILE A MISCELLANEOUS APPLICATION, IF NECESSARY, IN CASE THE ISSUES INVOL VED IN THE PRESENT APPEAL COMES WITHIN 3 EXCEPTIONS AS PROVIDED IN PAR A 10 OF SAID CIRCULAR AND CLAUSE (E) OF SUBSEQUENT CIRCULAR. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH AUGUST, 2019 SD/- SD/- (AMARJIT SINGH) (G MANJUNATHA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : 20-08-2019 4 ITA 3975/MUM/2018 THIRUMALESH, SR.PS COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR /TRUE COPY/ BY ORDER SR.PS, ITAT, MUMBAI