Asst.CIT, Cricle-8(1), Mumbai V. Fritz Freight Forwarding India Pvt. Ltd., Mumbai

ITA 665/MUM/2003

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3661 (ITAT-MUMBAI)
• Duration Of Justice: 18 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 1996-1997
• Appeal Filed On: 24-01-2003
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR SUBRAHMANIYAM LD
• Assessee Lawyers: NITESH JOSHI LD
• Keywords: Tax effect

Judgement Text

ITA NO.665/MUM/2003 M/S. FRITZ FREIGHT FORWARDING INDIA PVT.LTD. ASSESSMENT YEAR: 1996-97 1 IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.665/MUM/2003 ( / ASSESSMENT YEAR : 1996-97) A CIT - CIR.8(1 ) ROOM NO.210 AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. / VS. M/S. FRITZ FREIGHT FORWARDING INDIA PVT.LTD. D.C. BUSINESS CENTRE-5 CHUNNAWAL ESTATE KONDIVITTA ROAD, ANDHERI-KURLA RD. ANDHERI (E), MUMBAI-400 059. *+ ./ ./PAN/GIR NO. AAACF-0671-R ( +- /APPELLANT ) : ( ./+- / RESPONDENT ) ASSESSEE BY : SHRI NITESH JOSHI -LD.AR RE VENUE BY : SHRI VIJAY KUMAR SUBRAHMANIYAM -LD. SR.DR /DATE OF HEARING : 03/03/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR (AY) 1996-97 CONTESTS THE ORDER OF LEARNED FIRST APPELLATE AUTHO RITY ON CERTAIN GROUNDS OF APPEAL. ITA NO.665/MUM/2003 M/S. FRITZ FREIGHT FORWARDING INDIA PVT.LTD. ASSESSMENT YEAR: 1996-97 2 2. THE LD. AR, SHRI NITESH JOSHI, AT THE OUTSET, SU BMITTED THAT TAX EFFECT OF QUANTUM ADDITIONS UNDER DISPUTE BY REVENU E IS BELOW PRESCRIBED THRESHOLD LIMIT OF RS.50 LACS AND THEREF ORE, THE REVENUES APPEAL IS NOT MAINTAINABLE IN TERMS OF LATEST LOW T AX EFFECT CBDT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007-TTJ(PT.) . IN SUPPORT, OUR ATTENTION HAS BEEN DRAWN TO THE IMPUGN ED ORDER. THE LD. DR COULD NOT POINT OUT ANY EXCEPTION TO CONTROVERT THE PLEA RAISED BY LD. AR. 3. AFTER GOING THROUGH MATERIAL ON RECORD, WE FIND THAT THE TAX EFFECT OF QUANTUM ADDITIONS UNDER DISPUTE IS BELOW THRESHOLD MONETARY LIMIT OF RS.50 LACS AND THEREFORE, THE APPEAL IS NOT MAINTAI NABLE IN TERMS OF RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007-TTJ(PT.) ISSUED BY CBDT. T HIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIE R CIRCULAR NO.3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT AS AMENDED ON 20/08 /2018. IN VIEW OF THE SAME, THE APPEALS ARE NOT MAINTAINABLE. 4. AT THE SAME TIME, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF THE APPEAL, IF AT A LATER STAGE, IT IS FOUND THAT THE M ATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN ANY OF THE CIRCULAR OR IN CA SE THE TAX EFFECT IN THE APPEAL EXCEEDS THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD MARCH, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER ITA NO.665/MUM/2003 M/S. FRITZ FREIGHT FORWARDING INDIA PVT.LTD. ASSESSMENT YEAR: 1996-97 3 MUMBAI; DATED : 03/03/2021 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. +- / THE APPELLANT 2. ./+- / THE RESPONDENT 3. 6 ( ) / THE CIT(A) 4. 6 / CIT CONCERNED 5. 78.19 , 9 , / DR, ITAT, MUMBAI 6. 8:; / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.