INCOME TAX OFFICER WARD-4(2)(4), MUMBAI V. M/S.LUCKY STAR INTERNATIONAL PRIVATE LIMITED, MUMBAI

ITA 5691/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8210 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 07-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGAINST TH E DATED PASSED
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT & BEFORE SHRI S. RIFAUR RAHMAN, AM / I .T.A. NO . 5691 /MUM/20 17 ( / ASSESSMENT YEAR: 2010 - 11 ) ITO WD - 4(2)(4), 6 TH FLOOR, R. NO. 647, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 / VS. M/S LUCKYSTAR INTERNATIONAL PVT. LTD. 211/213, 2 ND FLOOR, KALABADEVI ROAD, NR. JEWEL WORLD, MUMBAI - 400 002 ./ ./ PAN/GIR NO. AA BCL1519M ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 25 / 01 /20 21 /DATE OF PRONOUNCEMENT: 02/02 / 20 21 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST TH E ORDER DATED 04.09.2017 PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS) - 9 , MUMBAI [HEREINAFTER REFERRED TO AS THE LD. CIT (A) ] RELEVANT TO A.Y. 20 10 - 11 . 2. AT THE OUTS ET, IT IS BROUGHT TO OUR NOTICE THAT NONE HAS APPEARED ON BEHALF OF THE ASSESSEE AND THE TAX EFFECT OF THE RELIEF GRANTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 50 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, REVENUE BY: SHRI BRAJENDRA KUMAR, DR ASSESSEE BY : NONE ITA NO. 5691 / MUM/20 19 M/S LUCKYSTAR INTERNATIONAL PVT. LTD. 2 GOVERNMENT OF INDIA, THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEALS BEFORE THE ITAT FROM THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS. 3. CONSIDERED THE SUBM ISSION OF LD. DR AND MATERIAL PLACED ON RECORD. WE NOTICE THAT THE TAX EFFECT IN THE ABOVE REFERRED APPEAL IS LESS THAN RS. 50 LACS. ACCORDINGLY, WE DISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE/WITHDRAWN. 4. IN THE NET RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02/02 /202 1 SD/ - SD/ - ( MAHAVIR SINGH ) (S. RIFAUR RAHMAN ) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI; DATED : 02/02 / 202 1 DHANANJAY ( SR.PS ) / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6 . / GUARD FILE. / BY ORDER, //TRUE COPY// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI