ITO 33 (3)(3), MUMBAI V. SADASHIV K. SHETTY HUF, MUMBAI

ITA 6217/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5893 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 01-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Assessee Lawyers: ANUSHREE BANSAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH SMC, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.6217/M/2019 ASSESSMENT YEAR: 2005-06 INCOME TAX OFFICER- 33(3)(3), ROOM NO.751, 7 TH FLOOR, KAUTILYA BHAVAN, BKC, BANDRA (E), MUMBAI - 400051 VS. SADASHIV K. SHETTY HUF, 18-A, TOWER D VICEROY PARK, THAKUR VILLAGE, KANDIVALI (E), MUMBAI 400 101 PAN: AAOHS8023B (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI ANUSHREE BANSAL, A.R. REVENUE BY : SHRI SANJAY J. SETHI, D.R. DATE OF HEARING : 23.08.2021 DATE OF PRONOUNCEMENT : 13.09.2021 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 01.04.2019 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO ASSESSMENT YEAR 2005-06. 2. AT THE OUTSET, IT IS BROUGHT TO THE NOTICE OF TH E BENCH BY THE LD A.R. THAT THE CBDT RECENTLY HAS AMENDED THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 VIDE CIRCULAR NO. 17/20 19, F.NO. 279/MISC.142/2007-ITJ(PT.) DATED 08.08.2019 INCREAS ING THE LIMIT FOR FILING OF APPEAL BEFORE INCOME TAX APPELL ATE 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 AL SO AND THIS CLAUSE OF THE CIRCULAR REMAINS UNCHANGED EVEN AFTER THE ITA NO.6217/M/2019 SADASHIV K. SHETTY HUF 2 AMENDMENT. ADMITTEDLY, IN THIS CASE TAX EFFECT IS B ELOW THE PRESCRIBED LIMIT FOR FILING THE APPEAL BEFORE THE T RIBUNAL BY THE REVENUE I.E. 50 LACS. 3. WHEN THIS WAS CONFRONTED TO THE LEARNED DEPARTME NTAL REPRESENTATIVE, HE COULD NOT POINT OUT THAT THIS AP PEAL 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 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 CIRCUL AR NO. 17 OF 2019. 4. NOW, BEFORE US, THE LEARNED CIT DEPARTMENTAL REPRESENTATIVE ONLY REQUESTED THAT HE WANTS TO VERI FY WHETHER THIS APPEAL FALLS UNDER ANY OF THE EXPLANATION PROV IDED IN CBDT CIRCULAR NO. 3/2018. HERE, WE ARE 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 FALL UNDER ANY EX PLANATION 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 C OVERED BY CBDT CIRCULAR NO. 17/2019. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.09.2021. SD/- SD/- (MAHAVIR SINGH) (RAJESH KUMAR) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED: 13.09.2021. * KISHORE, SR. P.S. ITA NO.6217/M/2019 SADASHIV K. SHETTY HUF 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY /ASSTT. REGISTRAR, ITAT, MUMBAI.