DY CIT 10(1)(2), MUMBAI V. M/S KANADE ANAND UDYOG PVT LTD., MUMBAI

ITA 580/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7107 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2013-2014
• Appeal Filed On: 24-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHISH HELIWAL LD
• Assessee Lawyers: VINITA SHAH LD
• Keywords: Tax effect
• Section: 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI , , BEFORE HONBLE SHRI VIKAS AWASTHY, JM AND HONBLE SHRI MANO J KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO. 580 /MUM/20 20 ( / ASSESSMENT YEAR : 20 13 - 14 ) DCIT - 10(1)(2) 6 TH FLOOR, R. NO. 623 AAYAKAR BHAVAN, M. K. ROAD CHURCHGATE, MUMBAI - 400 020 / VS. M/S KANADE ANAND UDYOG PVT. LTD. KANADE HOUSE, PLOT NO. 148 ( INSIDE SAHAR CARGO INDUSTRIAL ESTATE ) D. P. ROAD, J. B. NAGAR, ANDHERI(EAST), MUMBAI - 400 099 ./ ./ PAN/GIR NO . A A CCK - 6061 - E ( / APPELLANT ) : ( / RESPONDENT ) REVENUE BY : SHRI ASHISH HELIWAL LD. SR. D R ASSESSEE BY : MS. VINITA SHAH LD. A R / DATE OF HEARING : 23 /08 /2021 / DATE OF PRONOUNCEMENT : 25/08/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AT THE TIME HEARING OF CA PTIONED APPEAL BY REVENUE FOR ASSESSMENT YEAR (AY) 2013 - 14, LD. AR SUBMITTED THAT REVENUES APPEAL IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF CBDT C IRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC.142/2007 - TTJ(PT.) . THE COMPUTATION OF TAX EFFECT ON DISPUTED ADDITIONS HAS BEEN PLACED ON RECORD TO DEMONSTRATE THAT THE TAX EFFECT IS BELOW RS.50 LACS . THE LD. 2 DR COULD NOT CONTROVERT THE COMPUTATIONS AND ALSO COULD NOT POINT OUT ANY EXCEPTION AS GIVEN IN ANY OF THE CIRCULAR. 2. AFTER GOING THROUGH THE SAME, WE FIND THAT THE APPEAL IS NOT MAINTAINABLE IN TERMS OF LOW TAX EFFECT CIRCULAR ISSUED BY CBDT VIDE C IRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007 - TTJ(PT.) . THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED I N EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08/2018. IN VIEW OF THE SAME, THE APPEAL IS NOT MAINTAINABLE. 3. IN VIEW OF THE FOREGOING, THE APPEAL STAND DISMISSED. HOWEVER, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL O F THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR IN CASE THE TAX EFFECT IN THE APPEAL E XCEEDS THE PRESCRIBED MONETARY LIMIT. 4 . RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER P RONOUNCED ON 25 TH AUGUST, 2021. SD/ - SD/ - (VIKAS AWASTHY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 25/08/2021 SR.PS, DHANANJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE 3 / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.