DCIT 4 (3)(1), MUMBAI V. QUEST PROFIN ADVISORS PVT LTD., MUMBAI

ITA 6728/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3680 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 31-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH MISHRA
• Keywords: Tax effect
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 6728/MUM/2019 (A.Y: 2009-10) DCIT 4(3)(1) R.NO. 649, 6 TH FLOOR, AAYAKAR BHAVAN, MK ROAD, MUMBAI. VS. QUEST PROFIN ADVISORS PVT LTD., 83, 8 TH FLOOR, A WING, MITTAL COURT, NARIMAN POINT, MUMBAI 400021. ./ ./ PAN/GIR NO. : AAACQ1104A APPELLANT .. RESPONDENT / APPELLANT BY : SHRI RAJESH MISHRA, DR / RESPONDENT BY : NONE / DATE OF HEARING 18/05/2021 !'# / DATE OF PRONOUNCEMENT 24/05/2021 / O R D E R PER PAVAN KUMAR GADALE - JM: THE REVENUE HAS FILED THE APPEAL AGAINST ORDER OF CIT(A)-9, MUMBAI PASSED U/S 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THAT, THE TAX EFFECT IN THE ITA NO . 6728/MUM/2019 QUEST PROFIN ADVISORS PVT LTD., MUMBAI - 2 - APPEAL IS BELOW RS.50 LAKHS, THEREFORE COVERED BY CBDT CIRCULAR NO. 17/2019. WE FIND AS PER THE CBDT CIRCULAR DATED 08.08.2019, NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE HONBLE TRIBUNAL WHERE THE T AX EFFECT IS BELOW RS 50 LAKHS. FURTHER THE CIRCULAR O F THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY,WE DISMISS THE REVENUE APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3. INCASE, IF THE REVENUE IS ABLE TO PROVIDE EVIDEN CE THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR ISSUED BY THE CBDT. THE REVENUE MAY PREFER MISCELLANEOUS APPLICATION FOR RECALLING OF THIS ORDER, IF THEY SO DESIRE, IN WHIC H CIRCUMSTANCES, THIS ORDER SHALL BE RECALLED BY THE HONBLE TRIBUNAL. 4.IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.05.2021 SD/- SD/- (S RIFAUR RAHMAN) (PAVAN KU MAR GADALE ) ACCOUNTANT MEMBER JUDICIAL ME MBER MUMBAI, DATED 24. 05.2021 ITA NO . 6728/MUM/2019 QUEST PROFIN ADVISORS PVT LTD., MUMBAI - 3 - KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-.//'( , '(# , & / DR, ITAT, MUMBAI 6. .345 / GUARD FILE. / BY ORDER, ,/ //TRUE COPY// / ( ASST. REGISTRAR) !, / ITAT, MUMBAI