ITO - 4(2)(4), MUMBAI V. M. W. CORP. PVT. LTD., MUMBAI

ITA 6689/MUM/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5620 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 23-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHTAR HANSARI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D, MUMBAI , , $% BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI RAJESH KUMAR, ACCOUNTANT MEMBER . 6689 / /201 7 (,. . 2012-13 ) ITA NO. 6689/MUM/2017 (A.Y.2012-13) THE ITO-4(2)(4), ROOM NO.647, 6 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... . / APPELLANT , VS. M/S. M.W CORP PVT. LTD., 99, NIRANJAN, MARINE LINES, MUMBAI 400 002 PAN: AAFCM1365G ..... /0/ RESPONDENT .1/ APPELLANT BY : SHRI AKHTAR H.ANSARI /01/ RESPONDENT BY : NONE ,20 / DATE OF HEARING : 28/09/2020 345 20 / DATE OF PRONOUNCEMENT : 28/09/2020 / ORDER PER VIKAS AWASTHY, JM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-9, MUMBAI (IN SHORT THE CIT (A)) DATED 14/09/2017 FOR THE ASSESSMENT YEAR 2012-13. 2 ITA NO. 6689/MUM/2019 (A.Y.2012-13) 2. SHRI AKHTAR H. ANSARI, REPRESENTING THE DEPARTM ENT FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS .46.00 LAKHS APPROXIMATELY, HENCE, THE APPEAL SUFFERS FROM LOW TAX EFFECT IN TH E LIGHT OF CBDT CIRCULAR NO. 17/2019, DATED 08-08-2019. 3. THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THA N THE MONETARY LIMIT PRESCRIBED BY THE BOARD FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08- 08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRCULAR NO. 3 OF 2018 DATED 11-07-2018 THEREBY ENHANCING MONETARY LIMIT OF TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERITS OF THE IS SUE RAISED IN THE APPEAL, THE PRESENT APPEAL BY THE REVENUE IS DISMIS SED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTE CTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DA TED 11-07-2018 AND ITS AMENDMENT DATED 20/08/2018. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN OPEN COURT ON MONDAY THE 28 TH DAY OF SEPTEMBER, 2020 . SD/- SD/- (RAJESH KUMAR) (VIKAS AW ASTHY) $ / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 6,/ DATED: 28/09/2020 VM , SR. PS(O/S) 3 ITA NO. 6689/MUM/2019 (A.Y.2012-13) COPY OF THE ORDER FORWARDED TO : 1. . / THE APPELLANT , 2. /0 / THE RESPONDENT. 3. 70 ( )/ THE CIT(A)- 4. 70 CIT 5. 89/0, , . . . , / DR, ITAT, MUMBAI 6. 9:;< / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI