ACIT 26 (1), MUMBAI V. HCC SAMSUNG JOINT VENTURE, MUMBAI

ITA 7169/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7733 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2014-2015
• Appeal Filed On: 21-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHISH HELIWAL LD
• Assessee Lawyers: H P MAHAJANI LD
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI , , BEFORE HONBLE SHRI VIKAS AWASTHY, JM AND HONBLE SHRI MANO J KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO. 7169 /MUM/20 19 ( / ASSESSMENT YEAR : 20 14 - 15 ) & ./ I.T.A. NO. 7170 /MUM/2019 ( / ASSESSMENT YEAR : 2015 - 16 ) ACIT - 26 (1) R. NO. 302, 3 RD F LOOR KAUTILYA BHAVAN BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI - 400 051 / VS. M/S HCC SAMSUNG JOINT VENTURE HINCON HOUSE, LBS MARG VIKHROLI (W), MUMBAI - 400 083 ./ ./ PAN/GIR NO . A A AAH - 8586 - P ( / APPELLANT ) : ( / RESP ONDENT ) REVENUE BY : SHRI ASHISH HELIWAL LD. D R ASSESSEE BY : SHRI H. P. MAHAJANI LD. A R / DATE OF HEARING : 26 /08 /2021 / DATE OF PRONOUNCEMENT : 26/08/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. DURING HEARING OF CAPTIONED APPEALS BY REVENUE FOR ASSESSMENT YEARS 2014 - 15 & 2015 - 16, LD. AR SUBMITTED THAT BOTH THE APPEALS ARE NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF CBDT C IRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC.142/ 2007 - TTJ(PT.) . FOR 2 THE SAME, OUR ATTENTION HAS BEEN DRAWN TO FORM NO.36 AND GROUNDS OF APPEAL FOR BOTH THE YEARS. 2. UPON PERUSAL, IT COULD BE GATHERED THAT TAX EFFECT OF QUANTUM ADDITIONS UNDER DISPUTE BY REVENUE IS BELOW THRESHOLD LIMIT OF RS.50 LACS IN BOTH THE YEARS AND THEREFORE, THE REVENUES APPEALS ARE NOT MAINTAINABLE IN TERMS OF THE STATED CIRCULAR. THE LD. DR COULD NEITHER CONTROVERT THE SAME NOR COULD POINT OUT ANY EXCEPTION AS GIVEN IN ANY OF THE CIRCULAR. 3. THEREFORE, THE APPEALS ARE NOT M AINTAINABLE IN TERMS OF LOW TAX EFFECT CIRCULAR ISSUED BY CBDT VIDE C IRCULAR NO. 17/2019 DATED 08/08/2019 [F.NO.279/MISC. 142/2007 - TTJ(PT.) . THIS RECENT CIRCULAR FURTHER ENHANCES THE MONETARY LIMIT FIXED IN EARLIER CIRCULAR NO.3 OF 2018 DATED 11/07/2018 IS SUED BY CBDT AS AMENDED ON 20/08/2018. 4. IN VIEW OF THE FOREGOING, BOTH THE APPEALS STAND DISMISSED. HOWEVER, A LIBERTY IS GIVEN TO REVENUE TO SEEK RECALL OF THE APPEAL S , IF AT A LATER STAGE, IT IS FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PRO VIDED IN ANY OF THE CIRCULAR OR IN CASE THE TAX EFFECT IN ANY OF THE APPEALS E XCEEDS THE PRESCRIBED MONETARY LIMIT. 5. RESULTANTLY, BOTH THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED ON 26 TH AUGUST, 2021. SD/ - SD/ - (VIKAS AWASTHY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 26/08/2021 SR.PS, DHANANJAY 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.