ACIT-2(1)(2), MUMBAI V. VINAY R. SOMANI, MUMBAI

ITA 4285/MUM/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0251 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 09-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSHIL KUMAR PODDAR
• Assessee Lawyers: PRAKASH K JOTWANI
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO. 4285/MUM/2017 ASSESSMENT YEAR : 2012-13 DCIT-2(1)(2), MUMBAI VS. SHRI VINAY R. SOMANI, 17-A, SHREE NIKETAN, 6 TH FLOOR, 86-A, NETAJI SUBHASH ROAD, MARINE DRIVE, MUMBAI [PAN : A B YPS5732J ] (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUSHILKUMAR PODDAR , CIT - DR RESPONDENT BY : SHRI PRAKASH K.JOTWANI, AR DATE OF HEARING : 0 5 - 0 9 - 201 9 DATE OF PRONOUNCEMENT : 30 - 0 9 - 201 9 O R D E R PER RAJESH KUMAR, A.M: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-3, MUMBAI, DATED 17-03-2017. 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT TO O UR NOTICE THAT THE TAX EFFECT IN THE PRESENT APPEAL OF THE RE VENUE IS LESS THAN RS. 50 LACS AND IS NOT MAINTAINABLE IN TERMS O F THE CBDT CIRCULARS NO.03/2018 DATED 11-07-2018 AND CIRC ULAR NO.17 OF 2019 DATED 8 TH AUGUST, 2019 WHICH PROVIDE FOR THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFOR E THE ITA NO. 4285/MUM/2017 : 2 : TRIBUNAL AT RS.50.00 LAKHS. AFTER HEARING BOTH THE SIDES AND PERUSING THE RECORDS AS PLACED BEFORE US, WE FOUND THAT THE APPEAL IS COVERED BY THE AFORESAID CIRCULAR AND IS, THEREFORE, NOT MAINTAINABLE. IN VIEW OF THE TAX EFFECT IN THI S APPEAL BEING LESS THAN RS.50.00 LAKHS, WE ARE DISMISSING THE SAM E ON ACCOUNT OF LOW TAX EFFECT AS THE CASE IS NOT COVER ED BY ANY OF THE EXCEPTIONS IN THE CIRCULAR. HOWEVER, THE REVENU E IS AT LIBERTY TO SEEK RECALLING OF THE ORDER, IF THIS CA SE IS FOUND TO BE FALLING WITHIN ANY OF THE EXCEPTIONS MENTIONED I N THE CIRCULAR CITED ABOVE. 3. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH SEPTEMBER, 2019 SD/- SD/- (MAHAVIR SINGH) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /MUMBAI; /DATED : 30-09-2019 TNMM / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A), MUMBAI 4. / CIT, MUMBAI 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE ITA NO. 4285/MUM/2017 : 3 : / BY ORDER, //TRUE COPY// / (DY./ASST. REGISTRAR) , / ITAT, MUMBAI