INCOME TAX OFFICER, WARD 3(2), KALYAN, MUMBAI V. M/S. TRIMURTI ENTERPRISES , MUMBAI

ITA 5645/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4925 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 30-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DHARAM GANDHI
• Keywords: Tax effect
• Section: 201

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE VIKAS AWASTHY, JUDICIAL MEMBER . 5645/ / 2019 (%. . 2010-11 ) ITA NO.5645/MUM/2019(A.Y.2010-11) INCOME TAX OFFICER -20(3)(2), ROOM NO.612, 6 TH FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI 400 012. ...... ' / APPELLANT % VS. M/S. TRIMURTI ENTERPRISES, F1, F2, 1 ST FLOOR, SHREE PARSHWA IND. ESTATE PENDSE NAGAR, VP ROAD, DOMBIVLI EAST 421 201 PAN: AAFFT4460L ..... ()/ RESPONDENT ASSESSEE BY : SHRI DHARAM GANDHI REVENUE BY : SHRI SUSHIL KUMAR MISHRA %*) / DATE OF HEARING : 30/03/2021 +,- *) / DATE OF PRONOUNCEMENT : 30/03/2021 / ORDER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-1, THANE ( IN SHORT THE CIT(A )) DATED 14/06/2019 FOR THE ASSESSMENT YEARS 2010-11. 2. SHRI SUSHIL KUMAR MISHRA, REPRESENTING THE D EPARTMENT FAIRLY ADMITTED AT THE OUTSET THAT IN THE LIGHT OF CBDT CIRCULAR NO. CIRCU LAR NO.17/2019 DATED 08/08/2019. THE APPEAL FILED BY REVENUE SUFFERS FROM LOW TAX EFFE CT HE LD. DEPARTMENTAL REPRESENTATIVE POINTED THAT TAX EFFECT INVOLVED IN THE APPEAL IS L ESS THAN RS.50,00,000/-. 2 . 5645/ / 2019 (%. . 2010-11 ) ITA NO.5645/MUM/2019(A.Y.2010-11) 3. HEARD. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN THE APPEAL IS RS.8,28,760/- I.E. FAR BELOW THE MONETARY LIMIT SPECIFIED BY THE CBDT V IDE CIRCULAR NO.17/2019 (SUPRA) FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNA L. THUS, WITHOUT GOING INTO MERITS OF THE ISSUE RAISED IN APPEAL, THE PRESENT APPEAL BY REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WI TH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTI ONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2018 AND ITS AMENDMENT DATED 20/08/2018. 5. IN THE RESULT, APPEAL BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, T HE 30 TH DAY OF MARCH, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, /%/ DATED 30/03/2021 VM , SR. PS (O/S) ()01 -) COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT , 2. () / THE RESPONDENT. 3. 2) ( )/ THE CIT(A)- 4. 2) CIT 5. 34()% , . . . , / DR, ITAT, MUMBAI 6. 45678 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI