INCOME TAX OFFICER, WARD-2(1)(2), MUMBAI V. M/S. CREATION PUBLICITY PRIVATE LIMITED, MUMBAI

ITA 5302/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9406 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 13-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! ,'# '$ BEFORE VIKAS AWASTHY, JUDICIAL MEMBER & SHRI N.K.PRADHAN, ACCOUNTANT MEMBER . 5302/ / 2019 (. . 2010-11 ) ITA NO.5302/MUM/2019(A.Y.2010-11) . 5304/ / 2019 (. . 2012-13 ) ITA NO.5304/MUM/2019(A.Y.2012-13) ITO,WARD-2(1)(2), ROOM NO.543, 5 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... ) / APPELLANT VS. M/S.CREATION PUBLICITY PRIVATE LIMITED, 4, PAREKH VORA CHAMBERS, 66, NAGINDAS MASTER ROAD, FORT, MUMBAI 400 001 PAN: AABCC2192B ..... !*/ RESPONDENT ASSESSEE BY : LETTER DATED 04/03/202 1 REVENUE BY : SHRI SANJAY J. SETHI +* / DATE OF HEARING : 08/03/2021 ,-. +* / DATE OF PRONOUNCEMENT : 08/03/2021 '/ ORDER PER VIKAS AWASTHY, J.M: THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AG AINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-4, MUMBAI ( IN SHORT THE CIT(A)) FOR THE ASSESSMENT YEARS 2010-11 AND 2012-13, RESPECTIVELY. BOTH THE IMPUGNED ORDERS ARE OF EVEN DATE I.E.20/05/2019. 2 ITA NO.5302/MUM/2019(A.Y.2010-11) ITA NO.5304/MUM/2019(A.Y.2012-13) 2 . A PERUSAL OF THE APPEAL FILES REVEAL THAT IDENTIC AL GROUNDS HAVE BEEN RAISED IN BOTH THE IMPUGNED ASSESSMENT YEAR. THE SOLITARY G ROUND RAISED IN THE APPEAL BY REVENUE IS AGAINST ALLOWING OF ASSESSEES CLAIM O F KEYMAN INSURANCE PREMIUM BY CIT(A). THE TAX EFFECT INVOLVED IN APPEAL FOR ASS ESSMENT YEAR 2010-11 IS RS.2,24,072/- AND IN ASSESSMENT YEAR 2012-13 IS RS. 2,23,253/-. THUS, BOTH THE APPEALS ARE LIABLE TO BE DISMISSED ON ACCOUNT OF LO W TAX EFFECT IN TERMS OF CBDT CIRCULAR NO. 17/2019, DATED 08-08-2019. 3. SHRI SHRI SANJAY J. SETHI REPRESENTING THE DEP ARTMENT FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN BOTH THE APPEALS IS LESSS TH AN THE MONETARY LIMIT SPECIFIED BY THE CBDT. 4. WITHOUT COMMENTING ON MERITS OF THE GROUNDS RAI SED IN THE APPEALS, THESE APPEALS BY THE REVENUE ARE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO. 17/2019, DATED 08-08-2019. 5. IN THE RESULT, APPEALS BY THE REVENUE ARE DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, THE 8 TH DAY OF MARCH, 2021. SD/- SD/- (N.K.PRADHAN) (VIKAS AWAST HY) '# / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 0/ DATED 08/03/2021 VM , SR. PS (O/S) 3 ITA NO.5302/MUM/2019(A.Y.2010-11) ITA NO.5304/MUM/2019(A.Y.2012-13) !*12'.* COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. !* / THE RESPONDENT. 3. 3* ( )/ THE CIT(A)- 4. 3* CIT 5. 45!* , . . . , / DR, ITAT, MUMBAI 6. 56789 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI