DCIT 1(3)(1), MUMBAI V. LATE SHRI HARESH A. DHAKAN THROUGH HIS LEGAL HEIR MR.KRUNAL H. DHAKAN, MUMBAI

ITA 6334/MUM/2017

• Counselvise Citation: [2019] 114 COUNSELVISE.COM (IT) 6156 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2007-2008
• Appeal Filed On: 23-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT, AND SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA NO . 6334 / MUM . /2017 ( ASSESSMENT YEAR : 20 07 08 ) DY. COMMISSIONER OF INCOME TAX CIRCLE 1(3)(1), MUMBAI . APPELLANT V/S LATE SHRI HARESH A. DHAKAN THROUGH LEGAL HEIR SHRI KRUNAL H. DHAKAN A 304, CLASSIQUE CENTRE PLOT NO.26, MAHAL INDUSTRIAL ESTATE ANDHERI (W), MUMBAI 400 093 PAN AADPD5584B . RESPONDENT REVENUE BY : SHRI V. VINOD KUMAR ASSESSEE BY : SHRI SATISH KUMAR DATE OF HEARING 13 . 11 .2019 DATE OF ORDER 13.11.2019 O R D E R PER SAKTIJIT DEY, J.M . THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE CHALLENGING THE ORDER DATED 3 RD AUGUST 2017 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 3 , MUMBAI, FOR THE ASSESSMENT YEAR 20 07 08 . 2 LATE SHRI HARESH A. DHAKAN 2. AT THE OUTSET, THE LEANED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH APPLICABLE TO APPEALS BEFORE THE TRIBUNAL, AS PER CBDT CIRCULAR NO.17 OF 2019, DATED 8 TH AUGUST 2019. FURTHER, HE SUBMITTED, NONE OF THE EXCEPTIONS PROVIDED IN CBDT CIRCULAR NO.3 OF 2018, DATED 11 TH JULY 2018 R/W CIRCULAR F. NO.279/MISC./142/2007 ITJ (PT) DATED 20.0 8.2018, WOULD APPLY TO REVENUES APPEAL. THUS, THE COUNSEL FOR THE ASSESSEE SUBMITTED, REVENUES APPEAL BEING COVERED UNDER THE AFORESAID CIRCULARS IS NOT MAINTAINABLE. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREED THAT THE TAX EFFECT ON THE AMOUNT DISP UTED BY THE REVENUE IS BELOW THE MONETARY LIMIT OF ` .50 LAKH. 4. HAVING CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD, WE ARE OF THE VIEW THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEAL IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER CBDT CIRCULAR NO.17/2019, DATED 8 TH AUGUST 2019, R/W CBDT CIRCULAR NO.3/2018, DATED 11 TH JULY 2018. IT ALSO STANDS CLARIFIED BY THE CBDT THAT THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER THE AFORESAID CBDT CIRCULARS WOULD ALSO APPLY TO ALL PENDING APPEALS. IN VIEW OF THE AFORESAID, REVENUES APPEAL DESERVES 3 LATE SHRI HARESH A. DHAKAN TO BE DISMISSED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO SEEK RECALL OF THIS ORDER IF, AT A LATER POINT OF TIME, IT I S FOUND THAT THE APPEAL FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULARS REFERRED TO ABOVE. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.11.2019 SD/ - PRAMOD KUMAR VICE PRESIDENT SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATE D: 13.11.2019 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI