DCIT CENT. CIR. 7(1), MUMBAI V. GROWMORE INVESTMENT & DEVELOPERS PVT. LTD., MUMBAI

ITA 6452/MUM/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9930 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 03-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M DAYASAGAR
• Keywords: Tax effect; Condonation of delay

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 . 6452 / MUM . /2016 ( ASSESSMENT YEAR : 20 11 12 ) DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 7(1), MUMBAI . APPELLANT V/S GROWMORE INVESTMENT & DEVELOPERS PVT. LTD. , FLAT NO.21, PLOT NO.220 TRIVENI APARTMENT, CADELL ROAD MUMBAI 400 016 PAN AABCG6370P . RESPONDENT C.O. NO.163/MUM./2018 ( ARISING OUT OF ITA NO .6452 /MUM. /2016 ) ( ASSESSMENT YEAR : 2011 12 ) GROWMORE INVESTMENT & DEVELOPERS PVT. LTD. , FLAT NO.21, PLOT NO.220 TRIVENI APARTMENT, CADELL ROAD MUMBAI 400 016 PAN AABCG6370P . CROSS OBJECTOR (ORIGINAL RESPONDENT) V/S DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 7(1), MUMBAI . RESPONDENT (ORIGINAL APPELLANT) ASSESSEE BY : SHRI M. DAYA SAGAR REVENUE BY : SHRI PRADIP KAPASI A/W SHRI AKHILESH PEVEKAR DATE OF HEARING 09 .09.2019 DATE OF ORDER 20.09.2019 2 GROWMORE INVESTMENT & DEVELOPERS PVT. LTD. O R D E R PER SAKTIJIT DEY, J.M. CAPTIONED APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 11 TH AUGUST 2016, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 49 , MUMBAI, FOR TO THE ASSESSMENT YEAR 20 11 12. 2 . AT THE TIME OF HEARING, LEARNED COUNSEL 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, DAT ED 8 TH AUGUST 2019. FURTHER, HE SUBMITTED , NONE OF THE EXCEPTIONS PROVIDED IN CBDT CIRCULAR NO.3 OF 2018, DATED 11 TH JULY 2018 READ WITH CIRCULAR F . NO.279/MISC142/2007 ITJ (PT) DATED 20.08.2018 WOULD APPLY TO REVENUES APPEAL. HE ALSO FURNISHED BEFORE THE BENCH A COMPUTATION OF TAX ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEAL. THUS, HE SUBMITTED , REVENUES APPEAL BEING COVERED UNDER THE AFORESAID CIRCULAR S IS NOT MAINTAINABLE. 3 . THE LEARNED DEPARTMENTAL REPRESENTATIVE, AFTER PERUSING THE WORK ING OF THE TAX EFFECT FURNISHED BY THE LEARNED COUNSEL FOR THE ASSESSEE , FAIRLY SUBMITTED THAT THE APPEAL IS COVERED UNDER THE CBDT CIRCULARS REFERRED TO ABOVE. 3 GROWMORE INVESTMENT & DEVELOPERS PVT. LTD. 4 . HAVING CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD, WE ARE OF THE VIEW THA T 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 TO BE DISMISSED. HOWEVER, THE REV ENUE IS GIVEN LIBERTY TO SEEK RECALL OF THIS ORDER IF IT IS 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. C.O. NO.163/MUM./2018 ARISING OUT OF REVENUES APPEAL BEING ITA NO.6452/MUM./2016 6 . INSOFAR AS AS SESSEES CROSS OBJECTION IS CONCERNED, THE REGISTRY HAS POINTED OUT A DELAY OF 74 DAYS IN FILING THE CROSS OBJECTION. OF COURSE, THE ASSESSEE HAS FILED AN APPLICATION SEEKING CONDONATION OF DELAY SUPPORTED BY AN AFFIDAVIT. SINCE , WE HAVE ALREADY DISMISSED THE CORRESPONDING APPEAL OF THE REVENUE DUE TO LOW TAX EFFECT , THE CROSS 4 GROWMORE INVESTMENT & DEVELOPERS PVT. LTD. OBJECTION HAVING BECOME ACADEMIC IS DEEMED INFRUCTUOUS , HENCE, DISMISSED. 7 . IN THE RESULT, REVENUES APPEAL AS WELL AS ASSE SSEES CROSS OBJECTION ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN C OURT ON 20.09.2019 SD/ - PRAMOD KUMAR VICE PRESIDENT SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 20.09.2019 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