INCOME TAX OFFICER, W-13(2)(4), , MUMBAI V. SUNDIAL CREATIVE MEDIA PRIVATE LIMITED , MUMBAI

ITA 5991/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2022 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 19-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R N VASANI
• Keywords: Tax effect

Judgement Text

, , ! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI BEFORE VIKAS AWASTHY, JUDICIAL MEMBER . 5991// / 2019 (%. . 2007-08 ) ITA NO.5991/MUM/2019(A.Y.2007-08) INCOME TAX OFFICER -13(2)(4) ROOM NO.146B, 1 ST FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 012. ...... ' / APPELLANT % VS. M/S. SUNDIAL CREATIVE MEDIA PVT. LTD. BLOCK 34/D, 2 ND FLOOR, PHOENIX HOUSE, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI 400 013. PAN: AAJCS-3986-K ..... ()/ RESPONDENT ASSESSEE BY : SHRI R.N.VASANI REVENUE BY : SHRI SANJAY J. SETHI %*) / DATE OF HEARING : 23/06/2021 +,- *) / DATE OF PRONOUNCEMENT : 23/06/2021 / ORDER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-21, MUMBAI ( IN SHORT THE CIT (A)) DATED 30/05/2019 FOR THE ASSESSMENT YEAR 2007-08. 2. SHRI R.N.VASANI APPEARING ON BEHALF OF THE ASSE SSEE SUBMITTED AT THE OUTSET THAT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSE D ON ACCOUNT OF LOW TAX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/0 8/2019. 3. SHRI SANJAY J. SETHI REPRESENTING THE DEPARTM ENT FAIRLY ADMITTED THAT THE APPEAL FILED BY REVENUE SUFFERS FROM LOW TAX EFFECT . 2 ITA NO.5991/MUM/2019(A.Y.2007-08) 3. HEARD. THE TAX EFFECT INVOLVED IN THE APPEAL IS RS.9,33,911/- I.E. FAR BELOW THE MONETARY LIMIT SPECIFIED BY THE CBDT VIDE CIR CULAR NO.17/2019 (SUPRA) FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERITS OF THE ISSUE RAISED IN APPEAL, THE PRESENT APPEAL BY REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. LIBERTY IS GRANTED TO THE REVENUE FOR REVIVAL OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTE CTED BY THE EXCEPTIONS SPECIFIED IN PARA 10 OF THE CIRCULAR DATED 11-07-2 018 AND ITS AMENDMENT DATED 20/08/2018. 5. IN THE RESULT, APPEAL BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY THE 23 RD DAY OF JUNE , 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, /%/ DATED 23/06/2021 VM , SR. PS (O/S) ()01 -) COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT , 2. () / THE RESPONDENT. 3. 2) ( )/ THE CIT(A)- 4. 2) CIT 5. 34()% , . . . , / DR, ITAT, MUMBAI 6. 45678 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI