ASST CIT CIR 2(3)(1), MUMBAI V. THE INDIAN HOTELS COMPANY LTD, MUMBAI

ITA 4099/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2287 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 08-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV GUBGOTRA
• Assessee Lawyers: ARPIT AGARWAL
• Keywords: Tax effect
• Section: 201

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) & SHRI RAVISH SOOD (JM) I.T.A. NO. 4099 /MUM/ 201 8 (ASSESSMENT YEAR 20 0 3 - 0 4 ) I.T.A. NO. 4100/MUM/2018 (ASSESSMENT YEAR 2004 - 05) ACIT CIRCLE 2(3)(1) ROOM NO. 552 AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. V S . M/S. THE INDIAN HOTELS CO. LTD. 3 RD FLOOR, MANDLIK HOUSE, MANDILIK ROAD COLABA, MUMBAI 400 001. PAN : AAACT3967G ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI ARPIT AGARWAL DEPARTMENT BY SHRI RAJEEV GUBGOTRA DATE OF HEARING 22 . 8 . 201 9 DATE OF PRONOUNCEMENT 27 . 8 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : - THESE ARE 2 APPEALS BY THE REVERSE DIRECTED AGAINST THE RESPECTIVE ORDERS OF LEARNED CITA FOR THE CONCERNED ASSESSMENT YEARS . 2. FOR A.Y. 2003 - 04 THE APPEAL AGAINST THE ORDER OF LEARNED CIT(A) DATED 27.3.2018. FOR A.Y. 2004 - 05 APPEAL IS AGAINST THE ORDER OF LEARNED CIT(A) DATED 27.3.2018. 3. AT THE OUTSET LEARNED COUN SEL OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THESE REVENUE APPEALS IS BELOW THE LIMIT OF RS. 50 LAKHS FIXED BY THE CBDT VIDE LATEST CIRCULAR DATED 8.8.2019 ON THE ISSUE OF THRESHOLD LIMIT FOR THE APPEALS TO BE FILED BEFORE THE ITAT . T HE LEARNED COUNSEL SUBMITTED THAT THE TAX EFFECT IN THESE CASES IS BELOW THE LIMIT FIXED FOR APP EALS TO BE FILED BEFORE THE ITAT. H ENCE LEARNED COUNSEL PRAYED THAT THESE APPEALS ARE LIABLE TO BE M/S. THE INDIAN HOTELS CO. LTD. 2 DISMISSED IN LIMINE ON TAX EFFECT. PER CONTRA LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT DISPUTE THE PROPOSITION THAT THE TAX EFFECT IN THESE CASES IS BELOW THE LIMIT FIXED BY THE CBDT FOR FILING APPEALS BEFORE THE ITAT. 4. IN VIEW OF THE ABOVE UNDISPUTED FACTS THAT TAX EFFECT IN THESE CASES ARE BELOW THE LIMIT FIXED BY THE CBDT VIDE CIRCULAR NO. 17/2019 DATED 8.8.2019 FOR FILING APPEALS BEFORE THE ITAT, THE SE APPEALS ARE DISMISSED IN LIMINE ON TAX EFFECT. 5. IN THE RESULT IS APPEALS BY THE REVENUE STAND DISMISSED . ORDER HAS BE EN PRONOUNCED IN THE COURT ON 27 . 8 . 201 9 . SD/ - SD/ - (RAVISH SOOD ) (SH A MIM YAHYA ) JUDICIAL MEMBE R ACCOUNTANT MEMBER MUMBAI ; DATED : 27 / 8 / 20 1 9 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// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI