ASSISTANT COMMISSIONER OF INCOME TAX-21(1), MUMBAI V. GAMMON CONSTRUTORA CIDADE TENSACCIAI JOINT VENTURE, MUMBAI

ITA 4757/MUM/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9134 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 05-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINOD MODI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA NO . 4757 / MUM . /2017 ( ASSESSMENT YEAR : 20 12 13 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 21(1), MUMBAI . APPELLANT V/S M/S. GAMMON CONSTRUTORA CIDADE TENSACCIAI JOINT VENTURE 2 ND FLOOR, GAMMON HOUSE VEER SAVARKAR MARG PRABHADEVI, MUMBAI 400 025 PAN AAAAG9094R . RESPONDENT ASSESSEE BY : SHRI ANOOP HIWASE REVENUE BY : SHRI VINOD MODI DATE OF HEARING 16 .09.2019 DATE OF ORDER 25.09.2019 O R D E R PER SAKTIJIT DEY, J.M. AFORESAID APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 5 TH APRIL 2017, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 33, MUMBAI, FOR TO THE ASSESSMENT YEAR 2012 13. 2 . AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE 2 M/S. GAMMON CONSTRUTORA CIDADE TENSACCIAI JOINT VENTURE IS BELOW T HE REVISED MONETARY LIMIT OF ` 50 LAKH APPLICABLE TO APPEALS BEFORE THE TRIBUNAL, AS PER CBDT CIRCULAR NO.17 OF 2019, DATED 8 TH AUGUST 2019. FURTHER, HE SUBMITTED, NONE OF THE EXCEPTIONS PROVIDED IN CBDT CIRCULAR NO.3 OF 2018, DATED 11 TH JULY 2018 READ WITH CIRCULAR F. NO.279/MISC ./ 142/2007 ITJ (PT) DATED 20.08.2018 WOULD APPLY TO REVENUES APPEAL. THUS, HE SUBMITTED, REVENUES APPEAL BEING COVERED UNDER THE AFORESAID CIRCULARS IS NOT MAINTAINABLE. 3 . THE LEARNED DEPARTMENTAL REPRESENTATIV E AGREED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE MONETARY 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 REVE NUE 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 ALL PENDING APPEALS. IN VIEW OF THE AFORESAID, REVENUES APPEAL DESERVES 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 FALLS 3 M/S. GAMMON CONSTRUTORA CIDADE TENSACCIAI JOINT VENTURE UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULARS REFERRED TO ABOVE. 5 . IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN C OURT ON 25.09.2019 SD/ - M. BALAGANESH ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 25.09.2019 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