ITO-33(2)(5), MUMBAI, MUMBAI V. PARUL HEMANT PATEL, MUMBAI

ITA 7436/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4273 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 26-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 48

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI , , BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO. 7436/MUM/2018 : A.Y : 2011 - 12 INCOME TAX OFFICER 33(2)(5), MUMBAI. (APPELLANT) VS. SMT. PARUL HEMANT PATEL 502, PANCHSHEEL HEIGHTS CHSL, MAHAVIR NAGAR, KANDIVALI (W), MUMBAI 400 067. PAN : AAFPP9357C (RESPONDENT) CO NO. 271/MUM/2019 (IN ITA NO. 7436/MUM/2018) : A.Y : 2011 - 12 SMT. PARUL HEMANT PATEL 502, PANCHSHEEL HEIGHTS CHSL, MAHAVIR NAGAR, KANDIVALI (W), MUMBAI 400 067. PAN : AAFPP9357C (CROSS - OBJECTOR/ORG. RESPONDENT) VS. INCOME TAX OFFICER 33(2)(5), MUMBAI. (RESPONDENT/ORG. APPELLANT) ASSESSEE BY : SHRI RAJESH KOTHARI RE VENUE BY : SHRI UODAL RAJ SINGH DATE OF HEARING : 14/10/2020 DATE OF PRONOUNCEMENT : 14 /10/2020 O R D E R PER SHRI VIKAS AWASTHY, JM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 45, MUMBAI (IN SHORT THE CIT(A)) DATED 07.09.2018 FOR THE ASSESSMENT YEAR 2011 - 12. 2 ITA NO. 7436/M/2018 & CO NO. 271/M/2019 SMT. PARUL HEMANT PATEL 2. SHRI RAJESH KOTHARI APPEARING ON BEHALF OF THE ASSESSEE POINTED AT TH E OUTSET THAT THE TAX EFFECT IN THE APPEAL IS APPROXIMATELY RS. 48 LACS, HENCE, THE PRESENT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF CBDT CIRCULAR NO. 17/2019 DATED 08 . 08 . 2019 . 3. SHRI UODAL RAJ SINGH REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE BOARD FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. 4. BOTH SIDES HEARD. IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IN THE APPEAL IS LESS THAN THE MONETARY 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 RS.20 L A C S TO RS.50 LACS 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 A CCOUNT OF LOW TAX EFFECT. 5 . BEFORE PARTING, WE CLARIFY 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 DATED 20 . 08 . 2018. 6 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. CROSS - OBJECTION NO. 271/MUM/2019 : 7. THE ASSESSEE HAS FILED CROSS - OBJECTION. THE LEARNED AUTHORISED R EPRESENTATIVE OF THE ASSESSEE STATED THAT SINCE THE APPEAL OF THE REVENUE IS 3 ITA NO. 7436/M/2018 & CO NO. 271/M/2019 SMT. PARUL HEMANT PATEL DISMISSED, HE IS NOT PRESSING THE CROSS - OBJECTION. IN VIEW OF THE STATEMENT MADE BY LEARNED AUTHORISED R EPRESENTATIVE OF THE ASSESSEE, THE C ROSS - OBJECTION IS DISMISSED. 8. IN TH E RESULT, APPEAL OF THE REVENUE AND CROSS - OBJECTION OF THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY, THE 14 TH DAY OF OCTOBER, 2020. SD/ - SD/ - (RAJESH KUMAR) ACCOUNTANT MEMBER ( VIKAS AWASTHY ) JUDICIAL MEMBER MUMBAI, DATE : 14 TH OCTOBER, 20 20 *SSL* COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, C BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI