DCIT 3(2)(2), MUMBAI V. KALTECH ENERGIES LTD, Bangalore

ITA 5564/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8670 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2012-2013
• Appeal Filed On: 01-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , H BENCH MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO. 5564/MUM/2018 FOR ASSESSMENT YEARS: 2012-13 ITA NO. 6005/MUM/2018 FOR ASSESSMENT YEARS: 2014-15 DCIT- 3(2)(2), ROOM NO. 608, 6 TH FLOOR, AAYAKAR BHAWAN, M.K. ROAD, MUMBAI-400020. VS M/S KALTECH ENERGIES LTD. BAKHTAWAR, 4 TH FLOOR, NARIMAN POINT, MUMBAI-400021. PAN : AAACK4702A (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.S. MICHAEL JERALD (SR. DR) RESPONDENT BY : SHRI RUTURAJ H. GURJAR (AR) DATE OF HEARING : 09/09/2019 DATE OF PRONOUNCEMENT : 09/09/2019 ORDER UNDER SECTION 254(1) O F INCOME TAX ACT PER BENCH: 1. THESE TWO APPEAL BY REVENUE UNDER SECTION 253 OF IN COME TAX ACT ARE DIRECTED AGAINST THE SEPARATE ORDERS OF LD. COMMISS IONER OF INCOME TAX (APPEALS)-8, [CIT(A)], MUMBAI DATED 19.07.2018 & 20 .08.2018, FOR ASSESSMENT YEAR 2012-13 & 2014-15 RESPECTIVELY. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORIZED REPRES ENTATIVE (AR) OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS ARE LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT IN ITS CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019, THEREFORE BOTH THE APPEALS ARE LIABLE TO BE DISMISSED. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTAT IVE (DR) FOR THE REVENUE AFTER GOING THROUGH THE GROUNDS OF APPEAL FAIRLY SU BMITS THAT THOUGH THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS ARE LESS THA N THE MONETARY LIMIT OF TAX ITA NO.5564 & 6005 MUM 2018-M/S KALTECH ENERGIES LT D. 2 EFFECT FIXED BY CBDT IN A RECENT CIRCULAR, HOWEVER, THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVED IN CASE AT THE LATER STAGE IT IS DISCOVERED THAT THE GROUND OF APPEAL ARE COVERED BY ANY EXCEPTION CLAUSE OF CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY 2018. 4. CONSIDERING THE SUBMISSIONS OF BOTH THE LD. REPRESE NTATIVES OF THE PARTIES, WE FIND THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL S ARE LESS THAN THE MONETARY LIMIT OF RS. 50,00,000/- FIXED BY CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019, THEREFORE, THE APPEAL OF REVENUE ARE D ISMISSED BEING NOT MAINTAINABLE. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEALS REVIVED IN CASE, IF IT IS DISCOVERED THAT THE PRESE NT APPEALS ARE COVERED BY ANY EXCEPTION CLAUSE OF CBDT CIRCULAR NO.3/2018 DATED 1 1 TH JULY 2018. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT O N THIS 09/09/2019. SD/- SD/- (SHAMIM YAHYA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMB ER MUMBAI, DATE: 09.09.2019 SK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT BY ORDER ASSISTANT REGISTRAR IT AT MUMBAI