DCIT 10(2), MUMBAI V. GODREJ INVESTMENTS P. LTD, MUMBAI

ITA 5895/MUM/2013

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6931 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V V IJAY K UMAR
• Assessee Lawyers: F URQUAN A HEMED
• Keywords: Tax effect
• Section: 14A; 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI C.N. PRASAD , HONBLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HONBLE ACCOUNTANT MEMBER ITA NO . 5895 /MUM/201 3 ( A.Y: 201 0 - 11) D Y. C OMMISSIONER OF I NCOME - TAX - 10( 2) ROOM NO . 432, 4 TH FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 V . M /S. GODREJ I NVESTMENT P VT. L TD., P LANT N O. 11. P IROJSH A NAGAR EAS TERN E XPRESS H IGHWAY V IKHROLI (E) , MUMBAI 400 079 PAN: AAACG1391H (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI F URQUAN A HEMED DEPARTMENT BY : SHRI V. V IJAY K UMAR DATE OF HEARING : 03.02.2020 DATE OF PRONOUNCEMENT : 03 .0 2 .2020 O R D E R PER C.N. PRASAD (JM) THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 21 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] IN APPEAL NO. CIT(A) - 21 / IT /196 /2012 - 13 DATED 17.07.2013 FOR THE ASSESSMENT YEAR 201 0 - 11. 2 ITA NO . 5895 /MUM/201 3 ( A.Y: 201 0 - 11) M /S. GODREJ I NVESTMENT P VT. L TD., 2. REVENUE HAS RAISED THE FOLLOWING GROUND IN ITS APPEAL : - 1. ' ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF . 1,33,60,313/ - U/S. 14A R.W. RULE 8 D OF I . T . R ULES. 3. AT THE TIME OF HEARING, AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT TAX EFFECT ON THE ISSUE IN THE PRESENT APPEAL IS BELOW 5 0 LAC S AND IN VIEW OF THE CBDT CIRCULAR N O . 17/2019 DATED 08.08.2019 IN F.NO.279/MISC.142/2007 - ITJ (PT) , THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE. 4. DEPARTMENTAL REPRESENTATIVE ALSO AGREED WITH THE ABOVE SUBMISSION OF THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE . 5. WE HAVE HEARD THE SUBMISSIONS AND PERUSED THE GROUNDS OF APPEAL IN THIS APPEAL. WE FIND THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN .5 0 LAKHS AND T HEREFORE THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019. HENCE TH IS APPEAL IS DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 03 RD FEBRUARY , 2020 S D/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 03 / 0 2 / 2020 GIRIDHAR, SR.PS 3 ITA NO . 5895 /MUM/201 3 ( A.Y: 201 0 - 11) M /S. GODREJ I NVESTMENT P VT. L TD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER, (ASSTT. REGISTRAR) ITAT, MUM