ASST CIT CC 1(3), MUMBAI V. P S CONSTRUCTION , MUMBAI

ITA 775/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7001 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 30-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VARSHA BHATTER
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C , MUMBAI BEFORE SHRI SAKTIJIT DEY (JM) & SHRI S. RIFAUR RAHMAN (AM) ITA NO. 775 /MUM/2020 ASSESSMENT Y EAR: 201 0 - 11 ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(3), 905, 9 TH FLOOR, PRATISHTHA BHAVAN, OLD C.G.O. BLDG., (ANNEXE), M.K. ROAD, MUMBAI - 400020 VS. M/S P.S. CONSTRUCTION, 66B, 3 RD FLOOR, PODDAR CHAMBERS, 22E SAYED ABDULLA BARELVI ROAD, FORT, MUMBAI - 400001 PAN: AAKFP4348Q (APPELLANT) (RESPONDENT) REVENUE BY : SHREEKALA PARDESHI (DR) ASSESSEE BY : VARSHA BHATTER (AR) DATE OF HEARING : 18 /08 /202 1 DATE OF PRONOUNCEMENT: 18 / 08 /202 1 O R D E R PER BENCH THIS IS AN APPEAL B Y THE REVENUE AGAINST THE ORDER DATED 08.11.2019 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 47, MUMBAI FOR THE ASSESSMENT YEAR 2010 - 11 . 2. AT THE OUTSET, LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT D ISPUTED BY TH E REVENUE IN THE PRESENT APPEAL IS BELOW THE MONETARY LIMIT OF RS. 50 LACS AS PER THE CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT). FU RTHER, SHE SUBMITTED , THE APPEAL IS NOT PROTECTED BY ANY OF THE E XCEPTIONS TO THE AFORESAID CIRCULAR. 2 ITA NO. 775 / MUM/2020 ASSES SMENT YEAR: 201 0 - 1 1 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED WITH THE AFORESAID SUBMISSIONS OF THE LEARNED AUTHORIZED REPRESENTATIVE. 4. HAVING CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIALS ON RECORD, W E FIND THAT TH E TAX EFFECT ON THE AMOUNT DISPUTED BY TH E REVENUE IN THE PRESENT APPEAL IS BELOW THE MONETARY LIMIT OF RS. 50 LACS, THE THRESHOLD LIMIT FIXED BY CBDT IN CIRCULAR NO. CIRCULAR NO. 17/2019 DATED 08.08.2019 FOR FILING APPEAL BEFORE THE TRIBUNAL. IT IS ALSO A COMMON POINT BETWEEN THE ASSESSEE AND THE REVENUE THAT THE APPEAL IS NOT PROTECTED BY ANY OF THE EXCEPTIONS TO THE AFORESAID CIRCULAR. 5. IN VIEW OF THE AFORESAID, WE TREAT THE APPEAL AS DEEMED TO HAVE BEEN WITHDRAWN, HENCE DISMISSED. 6 . IN THE RESULT, APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH AUGUST , 2021 . SD/ - SD/ - ( S. RIFAUR RAHMAN ) A CCOUNTANT MEMBER (SAKTIJIT DEY) JUDICIAL MEMBER MUMBAI ; DATED: 18 / 08 / 202 1 ALINDRA, PS / 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 . 3 ITA NO. 775 / MUM/2020 ASSES SMENT YEAR: 201 0 - 1 1 / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI