ACIT (OSD) 8(1), MUMBAI V. SEAGREEN MARKETING P.LTD, MUMBAI

ITA 5624/MUM/2012

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1211 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 06-09-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL , ACCOUNTANT MEMBER ITA NO. 5624 /MUM. /201 2 ( ASSESSMENT YEAR : 20 09 10 ) ASSTT. COMMISSIONER OF INCOME TAX (OSD), CIRCLE 8(1), MUMBAI . APPELLANT V/S SEAGREEN MARKETING PVT. LTD. LOK BHARTI COMPLEX MAROL MAROSHI ROAD ANDHERI (E), MUMBAI 400 020 PAN AAACS8365B . RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI GURBINDER SINGH DATE OF HEARING 02.12.2020 DATE OF ORDER 02.12.2020 O R D E R PER SAKTIJIT DEY. J.M. CAPTIONED APPEAL HAS BEEN FILED BY T H E REVENUE CHALLENGING THE ORDER DATED 26 TH JUNE 2012, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 18 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 20 09 10. 2. WHEN THE APPEAL WAS CALLED FOR HEARING, NO ONE WAS PRESENT ON BEHALF OF THE RESPONDENT ASSESSEE TO REPRESENT THE CASE. THERE IS NO APPLICATION SEEKING ADJOURNMENT EITHER. CONSIDERING THE NATURE OF 2 SEAGREEN MARKETING PVT. LTD. DISPUTE, WE PROCEED TO DISPOSE OFF THE APPEALS EX PARTE QUA THE ASSESSEE AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE AND ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. 3. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIAL S AVAILABLE ON RECO RD. AS COULD BE SEEN FROM THE FACTS ON RECORD, THE DISPUTED ADDITION ON WHICH THE REVENUE HAS PREFERRED THE PRESENT APPEAL IS ` 1,01,68,637. AS MENTIONED BY THE LEARNED COMMISSIONER (APPEALS) IN HIS ORDER, THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVEN UE WORKS OUT TO ` 46,04,799, WHICH IS BELOW THE MONETARY LIMIT OF ` 50 LAKH, AS PER CBDT CIRCULAR NO.17/2019, DATED 8 TH AUGUST 2019. IT ALSO STANDS CLARIFIED BY THE CBDT THAT THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER THE AFORESAID CBDT CIRCULAR WOULD ALSO APPLY TO ALL PENDING APPEALS. IN VIEW OF THE AFORESAID, REVENUES APPEAL DESERVES TO BE DISMISSED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO SEEK RECALL OF THIS ORDER IF, AT A LATER POINT OF TIME, IT IS FOUND THAT THE APPEAL FALLS UNDER ANY OF THE EXCE PTIONS PROVIDED IN THE CIRCULARS REFERRED TO ABOVE. 4. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02.12.2020. SD/ - MANOJ KUMAR AGGARWAL ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 02.12.2020. 3 SEAGREEN MARKETING PVT. LTD. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI