ACIT (LTU)-2, Mumbai V. M/S RELIANCE INDUSTRIAL LTD., Mumbai

ITA 5687/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3475 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2018-2019
• Appeal Filed On: 03-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RISHI MISHRA
• Keywords: Tax effect
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 5687, 5688 & 5690/MUM/2019 (A.Y: 2018-19) & ACIT (LTU) 2 29 TH FLOOR, CENTRAL-1, WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI 400005. VS. M/S. RELIANCE INDUSTRIES LTD., MAKER CHAMBER IV, 3 RD FLOOR, 222 NARIMAN POINT, MUMBAI 400021 PAN/GIR NO. : AAACR5055K APPELLANT/RESPONDENT .. RESPONDENT/APPELLANT / APPELLANT BY : SHRI RISHI MISHRA, SR. DR / RESPONDENT BY : SHRI NIMESH VORA, AR / DATE OF HEARING 31/03/2021 / DATE OF PRONOUNCEMENT 01/04/2021 O R D E R PER PAVAN KUMAR GADALE, JM: THESE THREE APPEALS ARE FILED BY THE REVENUE AGAINST THE ORDER SEPARATE ORDERS OF CIT(A)-57, MUMBAI PASSED U/S 248 AND 250 OF THE INCOME TAX ACT. ITA NO . 5687, 5688 & 5690/MUM/2019 RELIANCE INDUSTRIES LTD., MUMBAI. - 2 - 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THAT, THE TAX EFFECT IN THE APPEAL IS BELOW RS.50 LAKHS, THEREFORE COVERED BY CBDT CIRCULAR NO. 17/2019. WE FIND AS PER THE CBDT CIRCULAR DATED 08.08.2019, NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE HONBLE TRIBUNAL WHERE THE T AX EFFECT IS BELOW RS 50 LAKHS. FURTHER THE CIRCULAR O F THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, WE DISMISS THE REVENUE APPEALS ON MAINTAINABILITY AND LOW TAX EFFECT. 3. INCASE, IF THE REVENUE IS ABLE TO PROVIDE EVIDEN CE THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR ISSUED BY THE CBDT. THE REVENUE MAY PREFER MISCELLANEOUS APPLICATION FOR RECALLING OF THIS ORDER, IF THEY SO DESIRE, IN WHIC H CIRCUMSTANCES, THIS ORDER SHALL BE RECALLED BY THE HONBLE TRIBUNAL. ITA NO . 5687, 5688 & 5690/MUM/2019 RELIANCE INDUSTRIES LTD., MUMBAI. - 3 - 3. IN THE RESULT, ALL THE THREE APPEALS FILED BY TH E REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.04.2021. SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMA R GADALE ) ACCOUNTANT MEMBER JUDICIAL M EMBER MUMBAI, DATED 01/04/2021 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. !'' # / THE CIT(A) 4. '' # ( ) / CONCERNED CIT 5. &'()) ! , ' ! , / DR, ITAT, MUMBAI 6. (./0 / GUARD FILE. / BY ORDER, &) //TRUE COPY// 1. / ( ASST. REGISTRAR) !, / ITAT, MUMBAI