DCIT CEN CIR 8(3), MUMBAI V. SUN INVESTMENT P.LTD, MUMBAI

ITA 5301/MUM/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 3998 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 14-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI S . RIFAUR RAHMAN, AM & SHRI RAVISH SOOD, JM ./ I.T.A. NO . 5301 / MUM/ 2018 ( / ASSESSMENT YEAR: 20 14 - 15 ) D C IT CEN CIR 8(3 ) , 6 TH FLOOR, ROOM NO. 659, AAYAKAR BHAVAN, M. K. ROAD, M UMBAI - 400 051 / VS. SUN INVESTMENT PVT. LTD. JINDAL MANSION, 5A DR. G. DESHMUKH MARG, MUMBAI - 400 026 ./ ./ PAN NO. AAACS 0389 M ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI V. VINOD KUMAR, DR / RESPONDENTBY : SHRI RAKESH JOSHI , AR / DATE OF HEARING : 28.11.2019 / DATE OF PRONOUNCEMENT : 10.12.2019 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. COMMIS S IONER OF INCOME TAX (APPEALS) - 50 IN SHORT REFERRED AS LD. CIT(A) , MUMBAI, DATED 11.06 .18 FOR A SSESSMENT YEAR (IN SHORT A Y ) 20 14 - 15 . 2 I.T.A. NO. 5301 /MUM/201 8 SUN INVESTMENT PVT. LTD. 2 . AT THE OUTSET, WE NOTICE THAT THE TAX EFFECT OF THE RELIEF GRANTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 50 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEALS BEFORE THE ITAT FROM THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS. 3 . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED THAT THIS APPEAL IS COVERED BY THE AFORESAID CIRCULAR ISSUED BY THE CBDT. THE LD. DR SUBMITTED THAT IN CASE THIS APPEAL FALLS IN THE EXCEPTIONAL CASE, THE APPEAL MAY BE ALLOWED TO RECALL. 4 . WE HAVE GONE THROUGH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUN DS OF APPEALS. WE FIND THAT THE TAX EFFECT IN THE ABOVE REFERRED APPEAL IS LESS THAN RS. 50 LACS. ACCORDINGLY, WE DISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE/WITHDRAWN. 3 I.T.A. NO. 5301 /MUM/201 8 SUN INVESTMENT PVT. LTD. 5 . IN THE NET RESULT, THE APPEAL FILED BY THE REVENUE STA ND S DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH DEC , 20 19 . SD/ - SD/ - ( RAVISH SOOD ) (S. RIFAUR RAHMAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 10 . 12 .201 9 SR.PS . DHANANJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI