ITO 18(3)(2), MUMBAI V. RSBL JEWELS, MUMBAI

ITA 6137/MUM/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0417 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 06-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVINDRA MISHRA
• Keywords: Tax effect
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 6137/MUM/2017 ( ASSESSMENT YEAR: 2012-13 ) & CO. NO. 48/MUM/2019 (ARISING OUT OF ITA NO. 6137/MUM/2017) ASSESSMENT YEAR: 2012-13 ITO 18(3)(2) RNO. 607, 6 TH FLOOR, EVEREST HOUSE, NARIMAN POINT, MUMBAI VS. RSBL JEWELS 37, MOTI BAZAR, 109, SHAIKH MEMON STREET, ZAVERI BAZAR, MUMBAI 400002. ./ ./ PAN/GIR NO. : AAKFR4450M APPELLANT / RESPONDENT .. RESPONDENT / APPELLANT / APPELLANT BY : SHRI RAVINDRA MISHRA, SR. DR / RESPONDENT BY : SHRI KIRAN MEHTA, AR / DATE OF HEARING 09/12/2020 !'# / DATE OF PRONOUNCEMENT 15/12/2020 / O R D E R PER PAVAN KUMAR GADALE - JM: THE REVENUE HAS FILED THE APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-29, MUMBAI PASSED U/S 143(3) AND 250 OF THE INCOME TAX ACT, 1961AND THE ASSESSEE HAS FILED THE CROSS OBJECTIONS . ITA NO . 6137/MUM/2017 & CO. NO.48/MUM/2019 RSBL JEWELS, MUMBAI - 2 - 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THAT, THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW RS.50 LAKHS, THEREFORE COVE RED BY CBDT CIRCULAR NO. 17/2019. WE FIND AS PER THE CBDT CIRCULAR DATED 08.08.2019, NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE HONBLE TRIBUNAL WH ERE THE TAX EFFECT IS BELOW RS 50 LAKHS. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PEND ING CASES. ACCORDINGLY, WE DISMISS THE REVENUE APPEALS ON MAINTAINABILITY AND LOW TAX EFFECT. 3. INCASE, IF THE REVENUE IS ABLE TO PROVIDE EVIDEN CE THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR ISSUED BY THE CBDT. THE REVENUE MAY PREFER MISCELLANEOUS APPLICATION FOR RECALLING OF THIS ORDER, IF THEY SO DESIRE, IN WHIC H CIRCUMSTANCES, THIS ORDER SHALL BE RECALLED BY THE HONBLE TRIBUNAL. 4. SINCE, THE REVENUE APPEAL IS DISMISSED IN ITA NO . 6137/MUM/2017, THEREFORE, THE CROSS OBJECTIONS FILE D BY THE ASSESSEE BECOMES INFRUCTUOUS AND ACCORDINGLY THE SAME IS DISMISSED AS INFRUCTUOUS . ITA NO . 6137/MUM/2017 & CO. NO.48/MUM/2019 RSBL JEWELS, MUMBAI - 3 - 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A ND THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.12.2020 SD- SD/- (PRAMOD KUMAR) (PAVAN KUMAR GADALE ) VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DATED 15/12/2020 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-.//'( , '(# , & / DR, ITAT, MUMBAI 6. .345 / GUARD FILE. / BY ORDER, ,/ //TRUE COPY// 1. / ( ASST. REGISTRAR) !, / ITAT, MUMBAI