INCOME TAX OFFICER -2(1)(2), MUMBAI V. M/S CREATION PUBLICITY PVT. LTD., MUMBAI

ITA 5303/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0483 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• 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 C, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, JUDICIAL MEMBER ITA NO. 5303/MUM/2019 : A.Y : 2011 - 12 INCOME TAX OFFICER, WARD - 2(1)(2), MUMBAI. (APPELLANT) VS. M/S. CREATION PUBLICITY PVT. LTD., 4, PAREKH VORA CHAMBERS, 66, NAGINDAS MASTER ROAD, FORT, MUMBAI 400 001. PAN : AABCC2192B (RESPONDENT) APPELLANT BY : MS. SHREEKALA PARDESHI RESPONDENT BY : NONE DATE OF HEARING : 15/02/2021 DATE OF PRONOUNCEMENT : 01 /0 3 /2021 O R D E R PER SHRI SHAMIM YAHYA, AM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) 4, MUMBAI (IN SHORT CIT(A)) DATED 20.05.2019 AND PERTAINS TO ASSESSMENT YEAR 2011 - 12. 2. THE GROUND OF APPEAL READS AS UNDER : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE WHETHER THE LD. CIT(A) WAS CORRECT IN ALLOWING THE CLAIM OF KEYMAN INSURANCE PREMIUM PAID WITHOUT EXAMINING WHETHER THE DIRECTORS WERE KEYMAN FOR THE COMPANY. 3. AT THE OUTSET, IT IS NOTED THAT THE TAX EFFECT IN THIS CASE IS BELOW THE LIMIT OF RS.50,00,000/ - FIXED BY CBDT VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019 FOR 2 ITA NO. 5303 /MUM/2019 M/S. CREATION PUBLICITY PVT. LTD. FILING APPEAL BEFORE THE ITAT. HENCE, THE APPEAL BY THE REVENUE IS NOT MAINTAINABLE. 4. T HE LD. DR COULD NOT DISPUTE THAT THE TAX EFFECT IS BELOW THE SAID LIMIT. HE COULD NOT POINT OUT THAT THE APPEAL FALLS IN ANY OF THE EXCEPTIONS CARVED IN THE SAID CIRCULAR. 5. UPON CAREFUL CONSIDERATION, WE FIND THAT AS THE TAX EFFECT IS BELOW THE LIMIT FIXED BY CB DT FOR FILING APPEALS BEFORE THE ITAT, THIS APPEAL BY THE REVENUE IS LIABLE TO BE DISMISSED IN LIMINE . ACCORDINGLY, THE APPEAL STANDS DISMISSED AS SUCH. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED UNDER RULE 34(4) OF ITAT RUL ES ON 1 S T M A R C H , 2021. SD/ - SD/ - (C.N. PRASAD) JUDICIAL MEMBER (SHAMIM YAHYA) ACCOUNTANT MEMBER MUMBAI, DATE : 1 S T M A R C H , 2021 *SSL* COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, C BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI