DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-6(3), MUMBAI V. M/S.MARATHON FISCAL PRIVATE LIMITED, MUMBAI

ITA 5782/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4174 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 11-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JIM SO N
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NO. 5782/MUM/2017 AY. 2012 - 13 DY. COMMISSIONER OF INCOME TAX, CC - 6(3) VS. M/S MARATHAN FISCAL PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.5782 /MUM/2017 (ASSESSMENT YEAR: 2012 - 13 ) DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 6(3), ROOM NO. 1926, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400021 VS. M/S MARATHAN FISCAL PVT. LTD. MARATHAN HOUSE, LALA DEVID DAYAL ROAD, MULUND (WEST) MUMBAI 400080 PAN AAFCM9819F APPELLANT RESPONDENT APPELLANT BY: SHRI JIM SO N, D.R RESPONDENT BY: SHRI J.P. BAIRAGRA, A.R DATE OF HEARING: 23 .08.2019 DATE OF PRONOUNCEMENT: 2 3 .08.2019 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 54, MUMBAI, DATED 28.06.2017, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC.143(3) R.W.S 147 S OF THE INCOME TAX ACT, 1961 (FOR SHORT A CT), DATED 28.03.2016. 2. WE FIND THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL FILED BY THE REVENUE IS LESS THAN RS.50 LACS. ON THE BASIS OF THE AFORESAID FACT, THE APPEAL FILED BY THE REVENUE AS PER THE MONETARY LIMITS REVISED BY THE CBDT VIDE IT S CIRCULAR NO. 17/2019, DATED 08.08.2019 IS FOUND TO BE NOT MAINTAINABLE. 3. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) ON BEING CONFRONTED DID NOT CONTROVERT THE FACT THAT THE TAX EFFECT INVOLVED IN THE CAPTIONED APPEAL OF THE REVENUE IS MUCH BELOW THE REVISED MONETARY LIMIT P A G E | 2 ITA NO. 5782/MUM/2017 AY. 2012 - 13 DY. COMMISSIONER OF INCOME TAX, CC - 6(3) VS. M/S MARATHAN FISCAL PVT. LTD. FOR FILING OF APPEALS BY THE DEPARTMENT BEF ORE THE TRIBUNAL AS PROVIDED IN ITS CIRCULAR NO. 17/2019, DATED 08.08.2019. 4. AS THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW THE MONETARY LIMIT OF RS.50 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019, THEREFO RE, THE SAME NOT BEING MAINTAINABLE IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRON OUNCED IN THE OPEN COURT ON 2 3 .08.2019 S D / - S D / - ( N.K. PRADHAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 23 .08.2019 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 5782/MUM/2017 AY. 2012 - 13 DY. COMMISSIONER OF INCOME TAX, CC - 6(3) VS. M/S MARATHAN FISCAL PVT. LTD.