ITO - 19 (2)(3), MUMBAI V. KISHOREMAL B. JAIN, MUMBAI

ITA 6276/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8688 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2008-2009
• Appeal Filed On: 02-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S MICHAEL JERALD
• Keywords: Tax effect

Judgement Text

1 ITA 6276/MUM/2018 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) AND SHRI PAWAN SINGH (JUDICIAL MEMBER) ITA NO. 6276 & 6277/MUM/2018 (ASSESSMENT YEARS : 2008-09 & 2009-10) DCIT, CIR.19(2)(2), MUMBAI VS SHRI KISHOREMAL B JA IN 503, RAJENDRA VIHAR 5 TH FLOOR, GILDER LANE CROSS LAMINGTON ROAD, MUMBAI 400 008 PAN : AADPJ2942H APPELLANT RESPONDEDNT APPELLANT BY SHRI S MICHAEL JERALD, DR RESPONDENT BY SHRI DHAVAL SHAH & DHARMESH SHAH, AR DATE OF HEARING 12-09-2019 DATE OF PRONOUNCEMENT 12-09-2019 O R D E R PER PAWAN SINGH, JM : THESE ARE TWO APPEALS FILED BY THE REVENUE ARE DIR ECTED AGAINST THE COMMON ORDER OF THE CITA)-30, MUMBAI DATED 13-08-20 18 FOR THE ASSESSMENT ORDERS 2008-09 & 2009-10. 2. AT THE OUTSET OF HEARING, THE LD.AR OF THE ASSES SEE BROUGHT TO OUR NOTICE THAT THE TAX EFFECT INVOLVED IN BOTH THE APP EALS ARE BELOW THE MONETARY LIMIT OF RS.50 LAKHS FIXED BY THE CBDT FOR FILING A PPEAL BEFORE THE TRIBUNAL 2 ITA 6276/MUM/2018 VIDE ITS CIRCULAR NO.19/2019 DATED 08-08-2019. THE LD.AR OF THE ASSESSEE HAS PLACED A CHART SHOWING THE TAX EFFECT INVOLVED IN THE ISSUES AGITATED BY THE REVENUE, AS PER WHICH THE TAX EFFECT COMES TO R S.37,12,167 AND RS.36,64,412 FOR AY S 2008-09 & 2009-10, RESPECTIVE LY (COPY PLACED ON RECORD. THE LD.DR HAS NOT DISPUTED THIS POSITION. THEREFORE, IN VIEW OF THE CIRCULAR OF THE CBDT NO.19/2019 DATED 08-08-2019, A ND IN VIEW OF THE AGREED PROPOSITION, THE APPEALS FILED BY THE REVENU E ARE DISMISSED, AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12-09-2019. SD/- SD/- (SHAMIM YAHYA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIALMEMBER MUMBAI, DT : 12 TH SEPTEMBER, 2019 PK/- COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI