ACIT 15(3), MUMBAI V. UMAID HERITAGE ENTERPRISES, MUMBAI

ITA 7194/MUM/2011

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4370 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2007-2008
• Appeal Filed On: 24-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M C NINGSHEN
• Assessee Lawyers: VIPUL MODY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI G.S. PANNU , AM AND SHRI PAWAN SINGH , JM ITA NO. 7194 /MUM/201 1 ASSESSMENT YEAR 20 07 - 08 ACIT 15(3) MATRU MANDIR, ROOM NO.122, 1 ST FLOOR, TARDEO ROAD, MUMBAI - 400 0 0 7 . / VS. M/S. UMAID HERITAGE ENTERPRISES 51, NARIMAN BHAVAN, NARIMAN POINT MUMBAI - 400 021 . ./ PAN : AABFU 6018 R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY SHRI M.C. NINGSHEN (DR) / RESPONDENT BY S/ SHRI NITESH JOSHI & VIPUL MODY - (AR) DATE OF HEARING 03 /08 /2018 DATE OF PRONOUNCEMENT 03 /0 8 /2018 / O R D E R PER PAWAN SINGH , JUDICIAL MEMBER : THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDER O F LD. COMMISSIONER OF INCOME - TAX(APPEALS) - 26 , MUMBAI [LD. CIT(A)] DATED 05/08/2011 FOR ASSESSMENT YEAR 20 07 - 08 . AT THE OUTSET THE LD. DR AND THE LD. AR CONCEDED THAT THE TAX EFFECT INVOLVED IN THE PRESENT CASE IS LESS THAN THE MONETARY LIMIT RS.20,00,000/ - AS PRESCRIBED BY THE CBDT VIDE CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018. HENCE, THE REVENUE IS PRECLUDED FROM FILING / PURSUING THE APPEAL BEFORE THE TRIBUNAL . 2 . WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH PARTIES. SINCE THE TAX EFFECT INVOLVED IN APPE AL FOR ASSESSMENT YEAR 2007 - 08 IS LESS THAN RS. 20,00,000/ - , CONSIDERING THE CONTENTION OF BOTH THE PARTIES, THIS APPEAL IS DISMISSED AS NOT MAINTAINABLE U/S. 268A IN VIEW OF THE LATEST NOTIFICATION OF CENTRAL BOARD OF DIRECT TAXES ( CBDT ) , VIDE CIRCULAR NO . 3/2018 DATED 11 TH JULY 2018. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03.08.2018 . SD/ - SD/ - ( G.S. PANNU ) (PAWAN SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED: 03/08 /2018 JV.SR.PS. ITA NO. 7194 /MUM/201 1 M/S. UMAID HRITAGE ENTERPRISES 2 / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR D BENCH, ITAT, MUMBAI / , , . . . 6. GU ARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , / ITAT, MUMBAI.