ASSISTANT COMMISSIONER OF INCOME TAX 15(2)(1), MUMBAI V. M/S.N.JP TRADING COMPANY, MUMBAI

ITA 6038/MUM/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5143 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 26-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIK
• Assessee Lawyers: MARI JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.6038/M/2017 ASSESSMENT YEAR: 2010-11 ACIT 15(2)(1), ROOM NO.357, 3 RD FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. N.J.P TRADING COMPANY, B-12, 2N FLOOR, NAVIN MANJAU, S.L. ROAD, MULUND (WEST), MUMBAI 400 080 PAN: AACCN2258A (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI MARI JAIN, A.R. REVENUE BY : MS. KAVITA P. KAUSHIK, D.R. DATE OF HEARING : 24.09.2020 DATE OF PRONOUNCEMENT : 25.09.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ORDER DATED 12.06.2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2010-11. 2. AT THE OUTSET, IT IS NOTICED THAT THE CBDT RECENTLY HAS AMENDED THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 VIDE CIRCULAR NO. 17/2019, F.NO. 279/MISC.142/2007-ITJ(PT.) DATED 08.08.2019 INCREASING THE LIMIT FOR FILING OF APPEAL BEFORE INCOME TAX APPELLATE TRIBUNAL I.E. 50 LACS IN EACH OF THE CASE. WE NOTED THAT EARLIER CIRCULAR NO. 3 OF 2018 WAS MADE APPLICABLE TO PENDING APPEALS ALSO AND THIS CLAUSE OF THE CIRCULAR REMAINS ITA NO.6038/M/2017 M/S. N.J.P TRADING COMPANY 2 UNCHANGED EVEN AFTER THE AMENDMENT. ADMITTEDLY, IN THIS CASE TAX EFFECT IS BELOW PRESCRIBED LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL BY THE REVENUE I.E. 50 LACS. 3. WHEN THIS WAS CONFRONTED TO THE LEARNED SR. DEPARTMENTAL REPRESENTATIVE, HE COULD NOT POINT OUT THAT THIS APPEAL FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN CIRCULAR NO. 17 OF 2019. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL OF REVENUE IS MUCH BELOW THE PRESCRIBED LIMIT OF FILING APPEAL BEFORE THE TRIBUNAL I.E. 50 LACS AS PER CBDT CIRCULAR NO. 17 OF 2019. IN VIEW OF THE ABOVE, THIS APPEAL OF REVENUE IS DISMISSED AS WITHDRAWN IN VIEW OF CIRCULAR NO. 17 OF 2019. 4. NOW, BEFORE US, THE LEARNED CIT DEPARTMENTAL REPRESENTATIVE ONLY REQUESTED THAT HE WANT TO VERIFY WHETHER THIS APPEAL FALLS UNDER ANY OF THE EXPLANATION PROVIDED IN CBDT CIRCULAR NO. 3/2018. HERE, WE ARE OF GIVING LIBERTY TO REVENUE THAT IN CASE, AFTER PASSING OF THE ORDER IT COMES TO THE NOTICE OF THE REVENUE THAT THIS APPEAL DOES NOT FALLS UNDER ANY EXPLANATION OF THE CBDT BY 3/18, THE AO CAN MOVE FOR RECALLING OF THE ORDER WITHIN THE PRESCRIBED TIME LIMIT UNDER SECTION 254 OF THE ACT. HENCE, THIS APPEAL IS DISMISSED AS LOW TAX EFFECT COVERED BY CBDT CIRCULAR NO. 17/2019. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.09.2020. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 25.09.2020. * KISHORE, SR. P.S. ITA NO.6038/M/2017 M/S. N.J.P TRADING COMPANY 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.