ITO 12(1)(1), MUMBAI V. AMBFS P. LTD, MUMBAI

ITA 489/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4607 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 23-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR LD DR RSMQT
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.489/MUM/2017 ( / ASSESSMENT YEAR:2011-12) INCOME TAX OFFICER - 12(1 ) (1) ROOM NO.226, 2 ND FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020 / VS. M/S. AMBFS PVT. LTD. SHOP NO.1 AKURLI SAPTASHRUNGI CHS LTD. MHADA ROAD NO.1 LOKHANDAWALA COMPLEX AKURLI ROAD, KANDIVALI (EAST) MUMBAI-400 101. LM ./ ./ PAN/GIR NO. AAACA - 8736 - G ( MQ / APPELLANT ) : ( RSMQ / RESPONDENT ) MQT / APPELLANT BY : SHRI MANOJ KUMAR LD. DR RSMQT / RESPONDENT BY : N ONE / DATE OF HEARING : 26/08/2019 / DATE OF PRONOUNCEMENT : 26/08/2019 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. THE AFORESAID APPEAL BY REVENUE CONTEST THE ORDE R OF LEARNED FIRST APPELLATE AUTHORITY ON CERTAIN GROUNDS OF APPEAL. N ONE HAS APPEARED FOR ASSESSEE AND NO VALID ADJOURNMENT APPLICATION IS ON RECORD. THEREFORE, THE 2 MATTER IS PROCEEDED WITH EX-PARTE QUA THE ASSESSEE IN VIEW OF THE FACT THAT THE APPEAL IS STATED TO BE COVERED BY RECENT LOW TA X EFFECT CIRCULAR ISSUED BY CBDT. 2. UPON PERUSAL OF QUANTUM ASSESSMENT ORDER, IT TRA NSPIRES THAT THE ASSESSEE WAS SADDLED WITH QUANTUM ADDITIONS AGGREGA TING TO RS.146.24 LACS. UPON FURTHER APPEAL, LD. CIT(A) PROVIDED RELI EF TO THE EXTENT OF RS.139.78 LACS, AGAINST WHICH THE REVENUE IS IN FUR THER APPEAL BEFORE US. FROM THE PERUSAL OF THE SAME, PRIMA FACIE, IT APPEARS THAT THE TAX EFFECT OF QUANTUM ADDITION BEING CONTESTED BY THE REVENUE IS BELOW THRESHOLD MONETARY LIMIT OF RS.50 LACS AS PRESCRIBED BY CENTR AL BOARD OF DIRECT TAXES IN ITS RECENTLY ISSUED CIRCULAR NO.17/2019 DA TED 08/08/2019 [F.NO.279/MISC.142/2007-TTJ(PT.) GOVERNMENT OF INDI A, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE] AND THEREFORE, THE APPEAL IS NOT MAINTAINABLE. THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 I SSUED BY CBDT AS AMENDED ON 20/08/2018. THE LD. DEPARTMENTAL REPRESE NTATIVE IS UNABLE TO POINT OUT ANY EXCEPTIONS IN THE APPEALS AS PROVIDED IN PARA-10 OF CIRCULAR NO. 3 OF 2018 DATED 11/07/2018. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IN THE APPEAL IS BELOW PRESCRIBE D LIMIT OF RS.50 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRC ULAR ISSUED BY CBDT WHEREIN THE MINIMUM MONETARY LIMIT FOR FILING THE A PPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE BEEN FIXED AS UNDER: - S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 50.00,000 3 2 BEFORE HIGH COURT 1,00.00,000 3 BEFORE SUPREME COURT 2,00.00,000 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018, APPLIES TO PENDING APPEALS ALSO. IN VIE W OF THE ADMITTED POSITION, WE DISMISS THE APPEAL. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEEDS TH E PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH AUGUST, 2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 26/08/2019 SR.PS:-JAISY VARGHESE FG HG / COPY OF THE ORDER FORWARDED TO : 1. MQ / THE APPELLANT 2. RSMQ / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. _ ` R A , A , / DR, ITAT, MUMBAI 6. ` BCD / GUARD FILE 4 / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.