DCIT,CIR-3, KALYAN V. DINESH J SHAH, THANE

ITA 4214/MUM/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5272 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 08-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JYOTI LAKSHMI NAYAKLD
• Keywords: Tax effect

Judgement Text

ITA NO.4214/MUM/2017 SHRI DINESH J. SHAH ASSESSMENT YEAR :2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.4214/MUM/2017 ( / ASSESSMENT YEAR : 2012-13 ) D CIT - CIRCLE - 3 2 ND FLOOR, RANI MANSION, MURBAD ROAD KALYAN (W), MUMBAI- 421 301. / VS. SHRI DINESH J. SHAH 401/A, VRUNDAVAN MURBAD ROAD KALYAN (W), DIST THANE-421 301 %& ./ ./PAN/GIR NO. ACKPS-4828-C ( &( /APPELLANT ) : ( )*&( / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MS. JYOTILAKSHMI NAYAK-LD. DR / DATE OF HEARING : 19/02/2020 / DATE OF PRONOUNCEMENT : 20/02/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2012-13 CONTEST THE ORDER OF LD. COMMIS SIONER OF INCOME- TAX (APPEALS)-3, NASIK (CAMP-OFFICE-THANE), [IN SHO RT REFERRED TO AS CIT(A)], APPEAL NO.64/16-17/NSK(OLD 449/15-16/THN ), DATED 22/03/2017 ON CERTAIN GROUNDS. ITA NO.4214/MUM/2017 SHRI DINESH J. SHAH ASSESSMENT YEAR :2012-13 2 2. NONE HAS APPEARED FOR ASSESSEE AND NO VALID ADJO URNMENT APPLICATION IS ON RECORD. THEREFORE, THE MATTER WAS PROCEEDED WITH EX- PARTE QUA THE ASSESSEE SINCE THE REVENUES APPEAL, PRIMA FACIE, IS COVERED BY LATEST LOW TAX EFFECT CIRCULAR NO.17/201 9 DATED 08/08/2019 [F.NO.279/MISC. 142/2007-TTJ(PT.) ISSUED BY CBDT. 3. UPON PERUSAL OF CASE RECORDS, IT TRANSPIRES THAT THE TAX EFFECT OF QUANTUM, BEING CONTESTED BY THE REVENUE, IS LESS TH AN PRESCRIBED LIMIT OF RS.50 LACS AND THEREFORE, THE APPEAL IS COVERED BY RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.17/2019 DATED 08/08/2019 ISS UED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THIS RECENT CIRCULAR FURTHE R ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 20 18 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. IN VIEW O F THE SAME, THE APPEAL IS NOT MAINTAINABLE. NO EXCEPTION COULD BE P OINTED OUT. 3. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR IN CA SE THE TAX EFFECT AS AGITATED BY REVENUE EXCEEDS THE PRESCRIBED MONETARY LIMIT. 4. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH FEBRUARY, 2020. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 20/02/2020 SR.PS, JAISY VARGHESE ITA NO.4214/MUM/2017 SHRI DINESH J. SHAH ASSESSMENT YEAR :2012-13 3 !'! / COPY OF THE ORDER FORWARDED TO : 1. &( / THE APPELLANT 2. )*&( / THE RESPONDENT 3. 1 ( ) / THE CIT(A) 4. 1 / CIT CONCERNED 5. 23),4 , 4 , / DR, ITAT, MUMBAI 6. 3567 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.