INCOME TAX OFFICER RANGE-9(2)(4), MUMBAI V. M/S.EUROSHINE JEWELLERY WORKS PRIVATE LIMITED H(FORMERLY KNOWN AS HIRACO JEWELLERY (INDIA) P.LTD), MUMBAI

ITA 4112/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4049 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 08-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV R GUBGOTRA
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NO.4112/MUM/2018 AY. 2012 - 13 INCOME TAX OFFICER - 9(2)(4) VS. M/S EUROSHINE JEW ELLERY WORKS PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.4112/MUM/2018 (ASSESSMENT YEAR: 2012 - 13) INCOME TAX OFFICER - 9(2 ) (4 ), ROOM NO. 623 , 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 VS. M/S EUROSHINE JEWELLWERY WORKS PVT. LTD., (FORMERLY KNOWN AS H IRACO JEWELLERY (INDIA) PVT. LTD. ) GALA NO. 501/502, BLOCK NO. 1 SPEEZ SEX, ANDHERI (E), MUMBAI 400 096 PAN AABCH5810P APPELLANT RESPONDENT APPELLANT BY: SHRI RAJEEV R. GUBGOTRA, D.R RESPONDENT BY: NONE DATE OF HEARING: 22 .08.2019 DATE OF PRONOUNCEMENT: 2 2 .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) - 16, MUMBAI, DATED 19 .03.2018, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC.143(3) OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED 23.03.2011 . 2. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE CAPTIONED APPEAL OF THE REVENUE WAS BELOW THE REVISED MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL AS PROVIDED IN ITS CIRCULAR NO. 17/2019, DATED 08.08.2019. 3 . AS THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.50 LACS SPECIFIED IN THE CBDT CIRCULAR NO. P A G E | 2 ITA NO.4112/MUM/2018 AY. 2012 - 13 INCOME TAX OFFICER - 9(2)(4) VS. M/S EUROSHINE JEW ELLERY WORKS PVT. LTD. 17/2019, DATED 08.08.2019, THEREFORE, THE SAME NOT BEING MAINTAINABLE IS DISMISSED. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRON OUNCED IN THE OPEN COURT ON 2 2 .08.2019 S D / - S D / - ( SHAMIM YAHYA) (RAVISH S OOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 22 .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.4112/MUM/2018 AY. 2012 - 13 INCOME TAX OFFICER - 9(2)(4) VS. M/S EUROSHINE JEW ELLERY WORKS PVT. LTD.