ACIT-12(2)(2), MUMBAI V. GIRIRAJ CIVIL DEVELOPERS PRIVATE LIMITED, MUMBAI

ITA 4249/MUM/2017

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 2682 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 08-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

ACIT VS. GIRIRAJ CIVIL DEVELOPERS PVT. LTD ITA NOS. 4249 & 4193/MUM/2017 A.YS 2008 - 09 & 2010 - 11 1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, M UMBAI BEFORE SHRI B.R BASKARAN , AM AND SHRI RAVISH SOOD, JM ITA NO. 4249 & 4193 /MUM/201 7 ( / ASSESSMENT YEAR S :20 08 - 09 & 2010 - 11 ) ACIT, CIRCLE - 12( 2 )(2), ROOM NO. 145, 1 ST FLOOR, AAYKAR BHAWAN, M.K ROAD, MUMBAI 400 020. / VS. M/S GIRIRAJ CIVIL DEVELOPERS PVT. LTD , B - 5, PARAS DARSHAN, S V ROAD, BORIVALI (EAST), MUMBAI 400 066. . ./ ./ PAN NO. AA CCG4613L ( / APPELLANT) : ( / RESPONDENT ) / APPELLANT BY : SHRI. NISHANT SAMAIYA / RESPONDENT BY : NONE / DATE OF HEARING : 1 4.0 8 .2018 / DATE OF PRONOUNCEMENT : 10 . 10 .2018 / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER: THE PRESENT APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST THE RESPECTIVE ORDERS PASSED BY THE CIT(A) - 20, MUMBAI, DATED. 27.03.2017 AND 29.03.2017 , WHICH IN TURN ARISES FROM THE ORDER S PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED. 15.02.2016 FOR A.Y. 2008 - 09 AND A.Y 2010 - 11, RESPECT IVELY. 2. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED , THAT AS THE TAX EFFECT INVOLVED IN BOTH OF THE AFOREMENTIONED APPLES WAS LESS THAN RS. 20 LACS, THUS, THE REVENUE ACIT VS. GIRIRAJ CIVIL DEVELOPERS PVT. LTD ITA NOS. 4249 & 4193/MUM/2017 A.YS 2008 - 09 & 2010 - 11 2 HAS FILED LETTERS DATED 25.07.2018 (FILED ON 30.07.2018) FOR WITHDRAWING THE SAID APPEALS. 3. WE HAVE PERUSED THE LETTERS DATED 25.07.2018 (FILED ON 30.07.2018) OF THE A.O, REQUESTING FOR WITHDRAWAL OF THE AFOREMENTIONED APPEALS AS THE TAX EFFECT INVOLVED IN THE SAID RESPECTIVE APPEALS WAS LESS THAN RS. 20.00 LACS. WE FIND THAT THE CBDT VIDE ITS CIR CULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE , THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL S IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.20.00 LA CS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, THEREFORE, THE SAME ARE DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, BOTH THE APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRO NOUNCED IN THE OPEN COURT ON 10 .10.2018 SD/ - SD/ - ( B.R.BASKA RAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 10 . 10 .2018 PS. ROHIT ACIT VS. GIRIRAJ CIVIL DEVELOPERS PVT. LTD ITA NOS. 4249 & 4193/MUM/2017 A.YS 2008 - 09 & 2010 - 11 3 / 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