DCIT CENT.CIR.-2(1), MUMBAI V. KRISHNA SHARMA, MUMBAI

ITA 4420/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3140 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2007-2008
• Appeal Filed On: 06-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K BHOOPATI
• Keywords: Tax effect
• Section: 153A

Judgement Text

P A G E | 1 ITA NOS.4420 TO 4422/MUM/2018 A.YS. 2007 - 08 TO 2009 - 10 DCIT,CC - 2(1) VS. SMT. KRISHNA SHARMA IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI RAVISH SOOD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO S. 4420 TO 4422/MUM/2018 (ASSESSMENT YEAR S: 2007 - 08 TO 2009 - 10 ) DCIT - CC - 2(1), ROOM NO. 804, 8 TH FLOOR, OLD CGO ANNEX BLDG. M.K. ROAD, MUMBAI 400 020 VS. SMT. KRISHNA SHARMA G - 3, BLACK DIAMOND CHSL, KHAR DANDA ROAD, KHAR (W), MUMBAI - 52 PAN NO. AAOPS5770R APPELLANT RESPONDENT REVENUE BY : SHRI K. BHOOPATI , D.R ASSESSEE BY : SHRI ANANT N. PAI, A.R DATE OF HEARING : 13/11 /2019 DATE OF PRONOUNCEMENT : 1 3 /11 /2019 ORDER PER RAVISH SOOD, JM THE PRESENT APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST THE CONSOLIDATED ORDER PASSED BY THE COMMISS IONER OF INCOME TAX (APPEALS) - 48 , MUMBAI [FOR SHORT CIT(A)], DATED 26.04.2018 , WHICH IN TURNS ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SECTION 1 43(3) R.W.S 153A /143(3) OF THE INCOME TAX ACT 1 961, (FOR SHORT ACT), DATED 31.03.2010 . 2. CENTRAL BOARD OF DIRECT TAXES (CBDT) VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019 HAS AMENDED CIRCULAR NO. 3/2018 DATED 11.07.2018 FOR FURTHER ENHANCEMENT OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT, HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT AS MEASURES FOR REDUCING LITIGATION. 3. CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 HAS SPECIFIED THAT APPEALS SHALL NOT BE FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL (ITAT) IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20,00,000/ - . FOR THIS PUR POSE , TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF ISSUES AGAINST WHICH APPEAL IS INTENDED TO BE FILED. P A G E | 2 ITA NOS.4420 TO 4422/MUM/2018 A.YS. 2007 - 08 TO 2009 - 10 DCIT,CC - 2(1) VS. SMT. KRISHNA SHARMA FURTHER, TAX EFFECT SHALL BE TAXES INCLUDING APPLICABLE SURCHARGE AND CESS. HOWEVER, THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHA RGEABILITY OF INTEREST IS THE ISSUE UNDER DISPUTE, THE AMOUNT OF INTEREST SHALL BE THE TAX EFFECT . IN CASES WHERE RETURN ED LOSS IS REDUCED OR ASSESSED AS INCOME, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS. IN CASE OF PENALTY ORDER, T HE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDUCED IN THE ORDER TO BE APPEALED AGAINST. AT PARA 13 OF THE ABOVE CIRCULAR, IT HAS BEEN MENTIONED THAT: 13. THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTION/REFERENCES TO BE FILED HENCEFO RTH IN SC/HCS/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. AS A STEP TOWARDS FURTHER MANAGEMENT OF LIT IGATION, CBDT VIDE CIRCULAR NO. 17/2019 HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE ITAT AT RS.50,00,000/ - . 5. IN THE INSTANT APPEAL FILED BY THE DEPARTMENT, THE TAX EFFECT INVOLVED IS BELOW THE MONETARY LIMIT OF RS.50,00,000/ - . THE SAME WAS BROUGHT TO THE NOTICE OF THE LD. DEPARTMENTAL REPRESENTATIVE (DR). LD. A.R HAS FILED BEFORE US A CHART, WHICH REVEALS THAT THE TAX EFFECT INVOLVED IN ALL THE CAPTIONED APPEALS IS MUCH BELOW THE MONETARY LIMIT OF RS. 50 LAC. . 6. BEFORE US, THE LD. DR SUBMITS THAT LIBERTY MAY KINDLY BE GIVEN TO RAISE, AFTER NECESSARY FURTHER VERIFICATION, AND TO SEEK RECALL OF THE DISMISSAL OF APPEAL AND ITS RESTORATION, IN CASE IT CAN BE SHOWN THAT THE APPEAL IS COVERED BY THE EXCEPTIONS. 7. WE AG REE WITH THE ABOVE CONTENTIONS OF THE LD. D . R AND MAKE IT CLEAR THAT THE APPELLANT SHALL BE AT LIBERTY TO POINT OUT THE EXCEPTIONS AND WE WILL TAKE APPROPRIATE REMEDIAL MEASURES IN THIS REGARD. 8. WITH THE ABOVE OBSERVATIONS THE APPEAL S INVOLVING TAX EFFE C T OF LESS THAN RS.50,00,000/ - ARE DISMISSED. ORDER PR ONOUNCED IN THE OPEN COURT ON 1 3 /11 /2019. S D / - S D / - (N.K. PRADHAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 1 3 /11 /2019 ROHIT, P.S. P A G E | 3 ITA NOS.4420 TO 4422/MUM/2018 A.YS. 2007 - 08 TO 2009 - 10 DCIT,CC - 2(1) VS. SMT. KRISHNA SHARMA 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 . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI