DCIT-1(1)(2), MUMBAI V. M/S GODREJ PROJECTS DEVELOPMENTS PVT, LTD., MUMBAI

ITA 4580/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5179 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 05-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANPREET S DUGGAL
• Keywords: Tax effect
• Section: 201

Judgement Text

1 ITA 4580/MUM/2019 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI SAKTIJIT DEY (JUDICIAL MEMBER) I.T.A. NO. 4580 /MUM/2019 (ASSESSMENT YEAR 2013 - 14) DEPUTY COMMISSIONER OF INCOME - TAX - 1(1)(2), MUMBAI VS M/S GODREJ PROJECTS DEVELOPMENT PVT LTD (NOW KNOWN AS GODREJ PROJECT DEVELOPMENT LTD) 5 TH FLOOR, GODREJ ONE, PIROJSHANAGAR, EASTERN EXPRESS HIGHWAY, VIKHROLI (E), MUMBAI - 79 PAN : AAECG0366L APPELLANT RESPONDENT APPELLANT BY SHRI MANPREET S DUGGAL (DR) RESPONDENT BY NONE DATE OF HEARING 31 - 0 3 - 2021 DATE OF PRONOUNCEMENT 1 6 - 0 4 - 2021 O R D E R PER SAKTIJIT DEY, JM: THIS IS AN APPEAL BY THE REVENUE AGAINST ORDER DATED 30 - 0 4 - 201 9 OF LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) - 2, MUMBAI FOR THE ASSESSMENT YEAR 2013 - 14. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE APPEAL WAS CALLED FOR HEARING. HOWEVER, WE FIND THAT THE MATTER COULD BE DECIDED ON THE BASIS OF 2 ITA 4580/MUM/2019 MATERIAL AVAILABLE ON RECORD AND ON HEARING THE LEARNED D EPARTMENTAL R EPRESENTATIVE. ACCORDINGLY, THE MATTER WAS HEARD EX PARTE QUA THE ASSESSEE. 3. ON A QUERY FROM THE BENCH, LEARNED D EPARTMENTAL R EPRESENTATIVE FAIRLY SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEAL IS BELOW THE MONE TARY LIMIT OF RS.50 LAKHS. ON PERUSAL OF COLUMN 10 OF THE MEMORANDUM OF APPEAL IN FORM 36, IT IS OBSERVED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE HAS BEEN MENTIONED AS RS.44.61 LAKHS. THAT BEING THE CASE, AS PER CIRCULAR NO.17/2019 DATED 08 TH AUGUST, 2019, ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), THE PRESENT APPEAL OF REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, WE DISMISS THE APPEAL. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED ON 1 6 /0 4 /2021. S D / - S D / - PRAMOD KUMAR SAKTIJIT DEY VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DT : 1 6 /0 4 /2021 PAVANAN COPY TO : 1. APPELLANT 2. RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER ASSTT. REGISTRAR, ITAT, M U M B A I