ITO 19 (2)(3), MUMBAI V. MAFARAM J. CHOUDHARY, MUMBAI

ITA 6995/MUM/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9344 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 06-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSHIL MISHRA
• Keywords: Tax effect
• Section: 13

Judgement Text

SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , BEFORE S H RI VIKAS AWASTHY, JUDICIAL MEMBER ./ ITA NO. 6995 / MUM/ 2018 ( / ASSESSMENT YEAR S 2012 - 13 ) THE INCOME - TAX OFFICER WARD 19(2)(3), ROOM NO. 218, 2 ND FLOOR, MATRU MANDIR, TARDEO, MUMBAI - 400 007 / VS. MR. MAFARAM J. CHOUDHARY GROUND FLOOR, 24/28,ABBAS MANSION, 4 TH KUMBHARWADA, MUMBAI - 400 004 ( / APPELLANT) ( / RE SPONDENT) . / PAN NO. AEEPC 8323 A / APPELLANT BY : SHRI SUSHIL MISHRA, DR / RESPONDENT BY : NONE / DATE OF HEARING : 29.12.2020 / DATE OF PRONOUNCEMENT : 29.12.2020 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 30 , MUMBAI [IN SHORT THE CIT(A)] DATED 28.09.2018 FOR THE ASSESSMENT YEAR 2012 - 13 . 2. SHRI SUSHIL KUMAR, REPRESENTING THE DEPARTMENT FAIRLY ADMIT TED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS .14,56,775 / - . HENCE, THE APPEAL SUFFERS FROM LOW TAX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO. 17/2019, DATED 08 - 08 - 2019. PAGE | 2 ITA NO. 6995 / M/ 2018 MAFARAM J CHOUDHARY ; AY 12 - 13 3. UNDISPUTEDLY, THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN THE MONETAR Y 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 R S.20 LAKHS TO RS.50 LAKHS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERITS OF THE ISSUE RAISED IN THE APPEAL, THE PRESENT APPEAL BY THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIF Y HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11 - 07 - 2018 AND ITS AMENDMENT DATE D 20/08/2018. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY , THE 29 TH OF DECEMBER , 2020. SD/ - ( / VIKAS AWASTHY ) ( / JUDICIAL MEMBER) , / MUMBAI, DATED: 29 . 1 2.2020 , . / SUDIP SARKAR, SR.PS PAGE | 3 ITA NO. 6995 / M/ 2018 MAFARAM J CHOUDHARY ; AY 12 - 13 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / (ASSTT. REGISTRAR) , / ITAT, MUMBAI