ITO (E) I(1), MUMBAI V. BOMBAY GOW RAKSHAK MANDALI, MUMBAI

ITA 4221/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6272 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 15-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMATHA MULLAMUDI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL , ACCOUNTANT MEMBER ITA NO . 4221 / MUM . /2018 ( ASSESSMENT YEAR : 20 11 12 ) INCOME TAX OFFICER (EXEMP.) WARD 1(1), MUMBAI . APPELLANT V/S M/S. BOMBAY GOW RAKSHAK MANDALI 415 B, DALAMAL TOWER 211 NARIMAN TOWER FREE PRESS MARG, NARIMAN POINT MUMBAI 400 021 PAN AAATA3280B . RESPONDENT REVENUE BY : SHRI SAMATHA MULLAMUDI ASSESSEE BY : MS. URVI MEHTA DATE OF HEARING 01 . 10 .2019 DATE OF ORDER 11.10.2019 O R D E R PER SAKTIJIT DEY, J.M. AFORESAID APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 20 TH MARCH 2018, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 1 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 20 11 12. 2 M/S. BOMBAY GOW RAKSHAK MANDALI 2 . AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH APPLICABLE TO APPEALS BEFORE T HE TRIBUNAL, AS PER CBDT CIRCULAR NO.17 OF 2019, DATED 8 TH AUGUST 2019. FURTHER, S HE SUBMITTED, NONE OF THE EXCEPTIONS PROVIDED IN CBDT CIRCULAR NO.3 OF 2018, DATED 11 TH JULY 2018 READ WITH CIRCULAR F. N O.279/MISC ./ 142/2007 ITJ (PT) DATED 20 TH AUGUST 2018 W OULD APPLY TO REVENUES APPEAL. THUS, S HE SUBMITTED, REVENUES APPEAL BEING COVERED UNDER THE AFORESAID CIRCULARS IS NOT MAINTAINABLE. 3 . THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE M ONETARY LIMIT OF ` 50 LAKH. 4 . HAVING CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD, WE ARE OF THE VIEW THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEAL IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER CBDT CIRCULAR NO.17/2019, DATED 8 TH AUGUST 2019, R/W CBDT CIRCULAR NO.3/2018, DATED 11 TH JULY 2018. IT ALSO STANDS CLARIFIED BY THE CBDT THAT THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER THE AFORESAID CBDT CIRCULARS WOULD ALSO APPLY TO AL L PENDING APPEALS. IN VIEW OF THE AFORESAID, REVENUES APPEAL DESERVES 3 M/S. BOMBAY GOW RAKSHAK MANDALI TO BE DISMISSED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO SEEK RECALL OF THIS ORDER IF , AT A LATER POINT OF TIME, IT IS FOUND THAT THE APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVI DED IN THE CIRCULARS REFERRED TO ABOVE. 5 . IN THE RESULT , REVENUES APPEAL IS DISMISSED IN TERMS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN C OURT ON 11.10.2019 SD/ - MANOJ KUMAR AGGARWAL ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 11.10.2019 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI