ACIT CIRCLE-9(3)(1), MUMBAI V. M/S.DICITEX FURNISHINGS PRIVATE LIMITED, MUMBAI

ITA 5281/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7628 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Appeal Filed On: 12-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JYOTILAKSHMI NAYAK
• Keywords: Tax effect

Judgement Text

1 ITA .NO.5281/MUM/2018 DICITEX FURNISHINGS PVT.LTD. IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D, MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI G MANJUNATHA (ACCOUNTANT MEMBER) I.T.A NO. 5281/MUM/2018 (ASSESSMENT YEAR: 2015-16) ACIT,CIRCLE-9(3)(1) 215, 2 ND FLOOR M.K.ROAD, AAYKAR BHAWAN MUMBAI-400 020 VS M/S DICITEX FURNISHINGS PRIVATE LIMITED 301-B, 3 RD FLOOR M BUILDING, PALM COURT COMPLEX MALAD LINK ROAD MALAD (W) MUMBAI-400 064 PAN: AA ACD7780R APP ELLANT RESPONDENT APPELLANT BY SMT. JYOTILAKSHMI NAYAK, DR RESPONDENT BY NONE DATE OF HEARING 23.01.2020 DATE OF PRONOUNCEMENT 29 .01.2020 O R D E R PER G MANJUNATHA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAI NST ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-16, MUMBAI, DA TED 18/07/2018 AND IT PERTAINS TO AY 2015-16. 2. NONE APPEARED FOR THE ASSESSEE. WE HAVE HEARD TH E LD. DR AND 2 ITA .NO.5281/MUM/2018 DICITEX FURNISHINGS PVT.LTD. PERUSED MATERIALS AVAILABLE ON RECORD. DURING COURS E OF HEARING, LD. DR FOR THE REVENUE SUBMITTED THAT TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 50 LACS AND IN VIEW OF LATEST CBDT CIRCULAR NO. 17/2019 DATED 08/08/2019, APPEAL FILED BY THE R EVENUE IS NOT MAINTAINABLE AND NEEDS TO BE DISMISSED. THE LD. DR, FURTHER ARGUED THAT, THE ISSUE INVOLVED IN THIS APPEAL IS APPEARS TO BE COVERED BY EXCEPTION AS PROVIDED UNDER CLAUSE (E) OF SUBSEQUEN T CIRCULAR AND THEREFORE, IF REQUIRED THE REVENUE SHALL BE ALLOWED TO FILE MISCELLANEOUS APPLICATION TO RECALL THE ORDER. WE, FIND THAT, T HE CBDT, RECENTLY HAD ISSUED A CIRCULAR NO. 17/2019 DATED 08/08/2019, SUP ERSEDING ITS EARLIER CIRCULAR NO. 03/2018, DATED 11/07/2018 AND ENHANCED MONETARY LIMIT FOR FILING APPEAL BEFORE VARIOUS APPELLATE AUTHORITIES AND ACCORDINGLY, ENHANCED MONETARY LIMIT TO RS. 50,00,000/- FOR FILI NG APPEAL BEFORE THE TRIBUNAL. FURTHER, IN THE SAID CIRCULAR, THE CBDT H AD INSTRUCTED ITS OFFICERS TO FILE APPLICATION FOR WITHDRAWAL OF APP EAL ALREADY FILED OR NOT TO PURSUE PENDING APPEALS. WE, THEREFORE, BY TAKING IN TO ACCOUNT THE CBDT CIRCULAR NO.17/2019 DATED 08/08/2019 AND ALSO CONS IDERING THE FACT THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS T HAN THE AMOUNT OF MONETARY LIMIT FIXED BY THE CBDT FOR NOT FILING APP EAL BEFORE TRIBUNAL, DISMISSED APPEAL FILED BY THE REVENUE AS NOT MAINTA INABLE. HOWEVER, WE KEEP OPEN OPTION TO THE REVENUE TO FILE A MISCELLAN EOUS APPLICATION, IF 3 ITA .NO.5281/MUM/2018 DICITEX FURNISHINGS PVT.LTD. NECESSARY, IN CASE THE ISSUES INVOLVED IN THE PRESE NT APPEAL COMES WITHIN 3 EXCEPTIONS AS PROVIDED IN PARA 10 OF SAID CIRCULAR AND CLAUSE (E) OF SUBSEQUENT CIRCULAR AND IF DISPUTED TAX INVOLV ES EXCEEDS THRESHOLD LIMIT PROVIDED IN CBDT CIRCULAR. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 .01.2020 SD/- SD/- (SAKTIJIT DEY) (G MANJUNATHA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : 29. 01.2020 THIRUMALESH, SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//