ASST CIT CC 1 (3) , MUMBAI V. M/S POONAM BUILDERS , MUMBAI

ITA 791/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7003 (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: 2008-2009
• Appeal Filed On: 30-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VARSHA BHATTER
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C , MUMBAI BEFORE SHRI SAKTIJIT DEY (JM) & SHRI S. RIFAUR RAHMAN (AM) ITA NO. 7 91 /MUM/2020 ASSESSMENT Y EAR: 2008 - 09 & ITA NO. 7 93 /MUM/2020 ASSESSMENT Y EAR: 2009 - 10 ASST. COMMISS IONER 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 POONAM BUILDERS , 66B, 3 RD FLOOR, PODDAR CHAMBERS, 22E SAYED ABDULLA BARELVI ROAD, FORT, MUMBAI - 400001 PAN: A AGFP9870P (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 CAPTIONED APPEAL S BY THE REVENUE IN RESPECT OF THE SAME ASSESSEE ARISE OUT OF A COMMON ORDER DATED 08.11.2019 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 47, MUMBAI FOR THE ASSESSMENT YEAR S 2007 - 08 , 2008 - 09 , 2009 - 10 AND 2011 - 1 2. HOWEVER, PRESENTLY WE ARE CONCERNED WITH ASSESSMENT YEARS 2008 - 09 AND 2009 - 10. 2. AT THE OUTSET, LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEALS ARE BELOW THE M ONETARY LIMIT OF RS. 50 LACS AS PER THE CIRCULAR 2 ITA NO S . 791 & 7 93 / MUM/2020 ASSESSMENT YEAR S : 2008 - 09 & 2009 - 10 NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT). FURTHER, SHE SUBMITTED , THE APPEALS ARE NOT PROTECTED BY ANY OF THE EXCEPTIONS TO THE AFORESAID CIRCULAR. 3. LEARNED DEPARTME NTAL 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 THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEALS ARE 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 APPEALS ARE NOT PROTECTED BY ANY OF THE EXCEPTIONS TO THE AFORESAID CIRCULAR. 5. IN VIEW OF THE AFORESAID, WE TREAT THE APPEALS AS DEEMED TO HAVE BEEN WITHDRAWN, HENCE DISMISSED. 6 . IN THE RESULT, APPEAL S ARE DISMISSED . ORDER P RONOUNCED 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) - 3 ITA NO S . 791 & 7 93 / MUM/2020 ASSESSMENT YEAR S : 2008 - 09 & 2009 - 10 4. / CI T 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI