DCIT - 3(3)(2), MUMBAI V. TREND ELECTRONICS LTD, MUMBAI

ITA 7426/MUM/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0287 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 28-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AMIT PRATAP SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.7426/M/2017 ASSESSMENT YEAR: 2013-14 DCIT 3(3)(2), ROOM NO.609, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. TREND ELECTRONICS LTD., 171, 17 TH FLOOR, C WING, MITTAL COURT, NARIMAN POINT, MUMBAI 400 021 PAN: AAACV5946R (APPELLANT) (R ESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI AMIT PRATAP SINGH, A.R. REVENUE BY : NONE DATE OF HEARING : 18.12.2019 DATE OF PRONOUNCEMENT : 19.12.2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 06.10.2017 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO ASSESSMENT YEAR 2013-14. 2. IT IS NOTICED THAT THE CBDT RECENTLY HAS AMENDED TH E CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 AMOUNTING VIDE CIRCULAR NO. 17/2019, F.NO. 279/MISC.142/2007-ITJ(P T.) DATED 08.08.2019 INCREASING THE LIMIT FOR FILING OF APPEA L BEFORE INCOME TAX APPELLATE TRIBUNAL I.E. RS.50 LACS IN EACH OF T HE CASE. WE NOTED THAT EARLIER CIRCULAR NO. 3 OF 2018 WAS MADE APPLICABLE TO PENDING APPEALS ALSO AND THIS CLAUSE OF THE CIRCULA R REMAINS ITA NO.7426/M/2017 M/S. TREND ELECTRONICS LTD. 2 UNCHANGED EVEN AFTER THE AMENDMENT. ADMITTEDLY, IN THIS CASE TAX EFFECT IS BELOW PRESCRIBED LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL BY THE REVENUE I.E. RS.50 LACS. 3. WHEN THIS WAS CONFRONTED TO THE LEARNED SR. DEPARTM ENTAL REPRESENTATIVE, HE COULD NOT POINT OUT THAT THIS AP PEAL FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN CIRCULAR NO. 17 OF 2019. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL OF REVENUE IS MUCH BELOW THE PRESCRIBED LIMIT OF FILING APPEAL BE FORE THE TRIBUNAL I.E. RS.50 LACS AS PER CBDT CIRCULAR NO. 1 7 OF 2019. IN VIEW OF THE ABOVE, THIS APPEAL OF REVENUE IS DISMIS SED AS WITHDRAWN IN VIEW OF CIRCULAR NO. 17 OF 2019. 4. AT THE OUTSET, THE LEARNED CIT DEPARTMENTAL REPRESE NTATIVE REQUESTED THAT THE APPEAL MAY PLEASE BE WITHDRAWN A S THE PRESENT CASE IS BELOW THE THRESHOLD LIMIT OF RS.50 LAKHS AS PER CBDT CIRCULAR NO. 17 OF 2019, HENCE THE SAME IS DIS MISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.12.2019. SD/- SD/- ( RAVISH SOOD) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 19.12.2019. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH ITA NO.7426/M/2017 M/S. TREND ELECTRONICS LTD. 3 //TRUE COPY// [ BY ORDER DY/ASS TT. REGISTRAR, ITAT, MUMBAI.