INCOME TAX OFFICER (IT)-2(1)(1), MUMBAI V. ZUBIN JIMMY DARUWALLA , MUMBAI

ITA 5486/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6924 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 28-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: FIROZE ANDHYARUJINA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI AMARJIT SINGH, JM ITA NO. 5486/ MUM/ 2017 (ASSESSMENT YEAR: 2013 - 14 ) ITO(IT) - 2(1)(1), MUMBAI ROOM NO. 1724, 17 TH FLOOR, AIR INDIA BUILDING, NAIRMAN POINT, MUMBAI - 400 021 VS. SHRI ZUBIN JIMMY DARUWALLA, C/O - S.N. KARANI & CO. CA, C - 10A, DHANRAJ MAHAL, CSM MARG, APOLLO BUNDER, MUMBAI - 400 001 PAN/GIR NO. ACXPC 6391 H ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI ASHISH KUMAR RESPONDENT BY : SHRI FIROZE ANDHYARUJINA DATE OF HEARING : 03.01.2019 DATE OF PRONOUNCEMENT : 03.01 .2019 O R D E R PER SHAMIM YAHYA, A. M.: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 56, MUMBAI (LD.CIT(A) FOR SHORT) DATED 23.05.2017 AND PERTAINS TO THE ASSESSMENT YEAR (A.Y.) 2013 - 14. 2. THE REVENUE IS IN APPEAL AGAINST THE DELETION OF ADDITION BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS). 3. AT THE OUTSET, IT TRANSPIRES THAT THE TAX EFFECT OF THE RELIEF GRANTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS.20 LACS, AS PER THE LIMIT FIXED BY THE CBDT FOR FILING THE APPEAL BEFORE THE ITAT VIDE CBDT CIRCULAR NO. 3/2018, F. NO. 279/MISC.142/2007 - ITJ (PT) DATED 11 TH JULY, 2018 ISSU ED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. 2 ITA NO. 5486/MUM/2017 4. WE HAVE GONE THROUGH THE ORDER OF THE LD. C IT(A) AND THE GROUNDS OF APPEAL. IT HAS BEEN FOUND THA T THE TAX EFFECTS IN THE APPEAL IS LESS THAN RS. 20 L ACS. 5. THE LD. DEPARTMENTAL REPRESENTATIVE (LD. DR FOR SHORT) FAIRLY AGREED TO THE ABOVE PROPOSITION THAT TH IS APPEAL IS NOT MAINTAINABLE IN LIGHT OF THE ABOVE SAID CBDT CIRCULAR. HE ALSO DID NOT POINT THAT TH IS APPEAL FALL IN THE EXCEPTIONS CARVED OUT IN THE ABOVE SAID CIRCULAR. ACCORDINGLY, TH IS APPEAL FILED BY THE REVENUE STANDS DISMISSED. 6. IN THE RESULT, THI S APPEAL BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 0 3 . 0 1 . 2 0 1 9 S D / - S D / - ( AMARJIT SINGH ) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 0 3 . 0 1 . 2 0 1 9 ROSHANI , SR. PS 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 FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI