DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-4(4), MUMBAI V. MILAN B. DALAL, MUMBAI

ITA 5230/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8853 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 10-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D G PANSARI
• Assessee Lawyers: DINKLE HARIJA
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NO.5230/MUM/2017 A.Y. 2007 - 08 THE ASSISTANT COMMISSIONER OF INCOME TAX,CC - 4(4) CENTRAL RANGE - 4 VS. SHRI MILAN B. DALAL IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.5230/MUM/2017 (ASSESSMENT YEAR: 2007 - 08) THE ASSITANT COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 4(4) CENTRAL RANGE - 4, ROOM NO. 1922, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 21 VS. SHRI MILAN B. DALAL GROUND FLOOR, BHUPEN CHAMBERS, DALAL STREET, MUMBAI - 400023 PAN AAUPD0935H APPELLANT RESPONDENT APPELLANT BY: SHRI D.G. PANSARI, D.R RESPONDENT BY: SHRI DINKLE HARIJA, A.R DATE OF HEARING: 17 .06 .2019 DATE OF PRONOUNCEMENT: 1 7 .06 .2019 O R D E R PER RAVISH SOOD , JM T HE CAPTIONED APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 52, MUMBAI, DATED 02.05.2017, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC.271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED 30.03.2016. 2. THE LD. AUTHORIZED REPRESENTATIVE (FOR S HORT A .R) FOR THE ASSESSEE AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED , THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL FILED BY THE REVENUE WAS LESS THAN RS.20 LACS. ON THE BASIS OF THE AFORESAID FACT, IT WAS SUBMITTED BY THE LD. A.R THAT THE AFOREMENTIONED APPEAL AS PER CBDT CIRCULAR NO . 03/2018, DATED 11.07.2018 WAS NOT MAINTAINABLE. P A G E | 2 ITA NO.5230/MUM/2017 A.Y. 2007 - 08 THE ASSISTANT COMMISSIONER OF INCOME TAX,CC - 4(4) CENTRAL RANGE - 4 VS. SHRI MILAN B. DALAL 3. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) COULD NOT CONTROVERT THE AFORESAID CONTENTION ADVANCED BY THE COUNSEL FOR THE ASSESSEE. 4 . WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONET ARY LIM IT FOR FILING OF APPEAL BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, TH EREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PR ON OUNCED IN THE OPEN COURT ON 1 7 .06 .2019 S D / - S D / - ( SHAMIM YAHYA) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 17.06.2019 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO.5230/MUM/2017 A.Y. 2007 - 08 THE ASSISTANT COMMISSIONER OF INCOME TAX,CC - 4(4) CENTRAL RANGE - 4 VS. SHRI MILAN B. DALAL