INCOME TAX OFFICER 8 (1)(3), MUMBAI V. HANSAT MANEKLAL SAVANI, MUMBAI

ITA 7101/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4992 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 14-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIPUL K MODY
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NO. 7101/MUM/2017 A.Y. 2011 - 12 INCOME TAX OFFICER - 8(1)(3 ) VS. HANSAT MA NEKLAL SAVANI IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 7101/MUM/2017 (ASSESSMENT YEAR: 201 1 - 12 ) INCOME TAX OFFICER 8(1)(3) ROOM NO. 662, M.K. ROAD, MUMBAI - 400020. VS. HANSAT MANEKLAL SAVANI 2 ND FLOOR, BROADWAY CENTRE, DR. AMBEDKAR ROAD, DADAR T.T. MUMBAI - 400 014 PAN AAHPS2201C ( APPELLANT ) ( RESPONDENT ) APPELLANT BY: SHRI MANOJ KUMAR SINGH , D.R RESPONDENT BY: SHRI VIPUL K. MODY , A.R DATE OF HEARING: 21 .01 .201 9 DATE OF PRONOUNCEMENT: 25 . 01.2019 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL FILED BY THE REVENUE FOR ASSESSMENT YEAR 2011 - 12 IS DIRECTED AGAINS T THE ORDER PASSED BY CIT(A) - 14 , MUMBAI, DATED 21.09.2017 , WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SEC.143(3 ) OF THE INCOME TAX ACT, 1961 (FOR SHORT I.T. ACT), DATED 29.01.2014 . 2. THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESS EE AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL WAS MUCH BELOW THE MONETARY LIMIT ENVISAGED IN THE CBDT CIRCULAR NO. 3/2018, DATED 11.07.2018 , WHICH REGULATED THE FILING OF APPEALS BY THE DEPARTMENT BEFORE THE INCOME - TAX APPELLATE TRIBUNAL. IN ORDER TO FORTIFY HIS AFORESAID CLAIM THE LD. A.R HAS PLACED ON OUR RECORD A CALCULATION OF TAX EFFECT IN RESPECT OF THE ADDITIONS/DISALLOWANCES AS HAD BEEN ASSAILED BY THE DEPARTMENT IN THE PRESENT APPEAL. AS PER THE CALCULATION FILED BY THE LD. A.R THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL P A G E | 2 ITA NO. 7101/MUM/2017 A.Y. 2011 - 12 INCOME TAX OFFICER - 8(1)(3 ) VS. HANSAT MA NEKLAL SAVANI WORKS OUT AT RS.8,98,840/ - .THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) ON BEING CONFRONTED WITH THE AFORESAID CONTENTION OF THE CO UNSEL FOR THE ASSESSEE RESPONDENT, ADMITTED THE FACTUAL POSITION AS WAS AVERRED BY HIM . 3. WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW T HE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4 . IN THE RESULT, APPEAL OF THE R EVENUE IS DISMISSED. ORDER PRO NOUNCED IN THE OPEN COURT ON 25 . 01.201 9 SD/ - SD/ - ( RAMIT KOCHAR ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 25. 01.2019 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REG ISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 7101/MUM/2017 A.Y. 2011 - 12 INCOME TAX OFFICER - 8(1)(3 ) VS. HANSAT MA NEKLAL SAVANI