DCIT RG (OSD) 8(1), MUMBAI V. KENT TRADING AGENCIES P.LTD, MUMBAI

ITA 5352/MUM/2013

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2215 (ITAT-MUMBAI)
• Duration Of Justice: 7 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 02-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH LD
• Keywords: Tax effect

Judgement Text

ITA NO.5352/MUM/2013 ASSESSMENT YEAR: 2009-10 1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5352/MUM/2013 ( / ASSESSMENT YEAR: 2009-10) D CIT - RANGE (OSD) - 8(1) ROOM NO.204, 2 ND FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. / VS. M/S. KENT T RADING AGENCIES PVT. LTD. LOK BHAVAN, LOK BHARTI COMPLEX MAROL MAROSHI ROAD, ANDHERI (E) MUMBAI-400 059. PAN/GIR NO. AAACK - 6570 - A ( '# /APPELLANT ) : ( $%'# / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI GURBINDER SINGH -LD.SR. DR / DATE OF HEARING : 02/12/2020 / DATE OF PRONOUNCEMENT : 02/12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE REVENUE CHALLENGES THE ORDER OF LD. FIRST AP PELLATE AUTHORITY FOR ASSESSMENT YEAR 2009-10 ON CERTAIN GROUNDS OF APPEA L. 2. AT THE TIME OF HEARING, NONE APPEARED FOR ASSESSEE. HOWEVER, IT IS NOTED THAT THE TAX EFFECT IN REVENUES APPEAL IS BELOW RS.50 L ACS AND THEREFORE, THE APPEAL IS NOT MAINTAINABLE IN TERMS OF LATEST LOW TAX EFFECT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MIS C. 142/2007- TTJ(PT.) ISSUED BY CBDT. THIS RECENT CIRCULAR FURTH ER ENHANCES THE ITA NO.5352/MUM/2013 ASSESSMENT YEAR: 2009-10 2 MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 20 18 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE COULD NO T CONTROVERT THE AFORESAID FACT. NO EXCEPTIONS HAVE BEEN POINTED OUT . THEREFORE, THE APPEAL IS LIABLE TO BE DISMISSED IN TERMS OF AFORES AID CIRCULAR ISSUED BY CBDT. WE ORDER SO. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR IN CA SE THE TAX EFFECT AS AGITATED BY REVENUE IN THE APPEAL, EXCEEDS THE PRES CRIBED MONETARY LIMIT. 5. IN THE RESULT, THE APPEAL STAND DISMISSED. ORDER PRONOUNCED ON 02 ND DECEMBER, 2020. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 02/12/2020 SR.PS:-JAISY VARGHESE '# $# / COPY OF THE ORDER FORWARDED TO : 1. '# / THE APPELLANT 2. $%'# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$- , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.