DCIT 9(3)(1), MUMBAI V. DANIA ORO JEWELLERY P.LTD, MUMBAI

ITA 4941/MUM/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1341 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 17-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILLU JAGGI
• Assessee Lawyers: AARTI VISSANG I; A PRAHUDESAI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K, MUMBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NO.4941/MUM/2017(A.Y.2011-12) THE DCIT-9(3)(1), ROOM NO.215, 2 ND FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... APPELLANT VS. M/S. DANIA ORO JEWELLERS PVT. LTD. GALA NO.601-602, BLOCK NO.1, SEEPZ, ANDHERI(E), MUMBAI 400 096 PAN:AACCD3214E ..... RESPONDENT APPELLANT BY : MS.NILLU JAGGI RESPONDENT BY : SMT. AARTI VISSANG I & SHRI. A.PRAHUDESAI DATE OF HEARING : 10/12/2019 DATE OF PRONOUNCEMENT : 10/12/2019 ORDER PER VIKAS AWASTHY, JM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-55, (IN SHORT THE CIT(A) ), MUMBAI DATED 27/02/2017 FOR THE ASSESSMENT YEAR 2011-12. 2. SMT. AARTI VISSANGI APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED AT THE OUTSET THAT APPEAL OF THE REVENUE IS LIABLE TO BE D ISMISSED ON ACCOUNT OF LOW TAX EFFECT IN THE LIGHT OF RECENT CBDT CIRCULAR N O.17/2019 DATED 08/08/2019. 2 ITA NO.4941/MUM/2017(A.Y.2011-12) 3. MS.NILLU JAGGI, REPRESENTING THE DEPARTMENT ALSO FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EF FECT IS LESS THAN RS.50 LAKHS. 4. THE TAX EFFECT INVOLVED IN THIS APPEALS IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO. 17 /2019, DATED 08- 08-2019 FOR FILING OF APPEALS BEFORE THE TRIBUNAL B Y THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08-08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRCULAR NO. 3 OF 2018 DATED 11-07-2018 THEREBY ENHANCING MONETARY LIMIT OF TAX EFFECT FROM RS.20 LAKHS TO RS .50 LAKHS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. T HUS, WITHOUT GOING INTO MERITS OF THE ISSUE RAISED IN THE APPEAL , THE PRESENT APPEAL BY THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX E FFECT. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY TH E EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2 018 AND ITS AMENDMENT DATED 20/08/2018. 6 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT AFTER HEARING OF THE APPEAL ON TUESDAY , THE 10 TH DAY OF DECEMBER, 2019. SD/ SD/- (R.C.SHARMA) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 10 /12/2019 VM , SR. PS(O/S) 3 ITA NO.4941/MUM/2017(A.Y.2011-12) 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// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI