DEPUTY COMMISSIONER OF INCOME TAX 6(3)(1), MUMBAI V. INDOSPACE AS INDUSTRIAL PARK PRIVATE LIMITED, MUMBAI

ITA 597/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5585 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 31-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: G N MAKWANA SR
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NO.597/MUM/2018 A.Y. 2012 - 13 DCIT, CIRCLE - 6(3)(1) VS. M/S INDOSPACE AS INDUSTRIAL PART PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.597 /MUM/2018 (ASSESSMENT YEAR: 2012 - 13 ) DCIT, CIRCLE - 6 (3) (1) , ROOM NO. 506 , 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 20 VS. M/S INDOSPACE AS INDUSTRIAL PARK PVT. LTD. ONE INDIABULLS CENTRE, 16 TH FLOOR, TOWER 2A, JUPITER MILLS COMPOUND, SANAPATI BAPAT MARG, MUMBAI 400013 PAN AAJCA1760D APPELLANT RESPONDENT APPELLANT BY: MS. H IRALI DESAI D.R RESPONDENT BY: SHRI G.N. MAKWANA, SR. A.R DATE OF HEARING: 05 .09 .2019 DA TE OF PRONOUNCEMENT: 05 .0 9 . 2019 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL FILED BY THE R EVENUE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 12, MUMBAI, DATED 06.11.2017 , WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC.143(3) OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED 23.12.2015 . 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 ITS 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.597/MUM/2018 A.Y. 2012 - 13 DCIT, CIRCLE - 6(3)(1) VS. M/S INDOSPACE AS INDUSTRIAL PART PVT. LTD. FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE 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, THEREFORE, THE SAME NOT BEING MAINTAINABLE IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUN CED IN THE OPEN COURT ON 05 .09 .2019 SD/ - SD/ - ( N.K. PRADHAN ) (RAVISH SOOD) A CCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 05 .09 .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