DCIT CIRCLE 3, Thane V. M/S.SHREE BALAJI BUILDER & DEVELOPERS, MUMBAI

ITA 6541/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4014 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 16-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Assessee Lawyers: SUBODH RATNAPARKHI
• Keywords: Tax effect

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI PAWAN SINGH , JM & SHRI S . RIFAUR RAHMAN, AM ./ I.T.A. NO . 6541 / MUM/ 2018 ( / ASSESSMENT YEAR: 20 14 - 15 ) DCIT CIRCLE - 3, ROOM NO. 02 , 6 TH FLOOR, AASHAR IT PARK, B - WING, WAGLE INDUSTRIAL ESTATE, ROAD NO. 16Z, THANE(W) - 400 604 / VS. M/S SHREE BALAJI BUILDER & DEVELOPERS, 4 TH FLOOR, LAKE CITY MALL, KAPURBAWADI JUNCTION, MAJIWADE NAKA, GHODBUNDER ROAD, THANE(W) - 400 607 ./ ./ PAN NO. AAFFB 9180 P ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI V. VINOD KUMAR , DR / RESPONDENTBY : SHRI SUBODH RATNAPARKHI, AR / DATE OF HEARING : 15.01.2020 / DATE OF PRONOUNCEMENT : 15.01.2020 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. COMMIS S IONER OF INCOME TAX (APPEALS) - 2 IN 2 I.T.A. NO. 6541 /MUM/201 8 M/S SHREE BALAJI BUILDER & DEVELOPERS SHORT REFERRED AS LD. CIT(A) , PUNE, DATED 24 .08.2018 FOR A SSESSMENT YEAR (IN SHORT A Y ) 20 14 - 15 . 2 . AT THE OUTSET, WE NOTICE THAT THE TAX EFFECT OF THE RELIEF GRANTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS . 50 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEALS BEFORE THE ITAT FRO M THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS. 3 . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED THAT THIS APPEAL IS COVERED BY THE AFORESAID CIRCULAR ISSUED BY THE CBDT. THE LD. DR SUBMITTED THAT IN CASE THIS APPEAL FALLS IN THE EXCEPTIONA L CASE, THE APPEAL MAY BE ALLOWED TO RECALL. 4 . WE HAVE GONE THROUGH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF APPEALS. WE FIND THAT THE TAX EFFECT IN THE ABOVE REFERRED APPEAL IS LESS THAN RS. 50 LACS. ACCORDINGLY, WE D ISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE/WITHDRAWN. 3 I.T.A. NO. 6541 /MUM/201 8 M/S SHREE BALAJI BUILDER & DEVELOPERS 5. IN THE NET RESULT, THE APPEAL FILED BY THE REVENUE STA NDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JAN, 20 20 . SD/ - SD/ - ( PAWAN SINGH ) (S. RIFAUR RAHMAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 15 . 01.2020 SR.PS . DK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI