Appeal details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 6993 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 6 month(s) 19 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
18-08-2021
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
C
Assessment Year
2014-2015
Appeal Filed On
30-01-2020
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C , MUMBAI BEFORE SHRI SAKTIJIT DEY (JM) & SHRI S. RIFAUR RAHMAN (AM) ITA NO. 794/ MUM/2020 ASSESSMENT Y EAR: 201 4 - 15 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 POONAM SHANTI DEVELOPERS , 66B, 3 RD FLOOR, PODDAR CHAMBERS, 22E SAYED ABDULLA BARELVI ROAD, FORT, MUMBAI - 400001 PAN: AAMFP0302N (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 AP PEAL BY THE REVENUE AGAINST THE ORDER DATED 08.11.2019 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 47, MUM BAI FOR THE ASSESSMENT YEAR 2014 - 15 . 2. AT THE OUTSET, LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AM OUNT DISPUTED 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 EXCEPTIONS TO THE AFORESAID CIRCULAR. 2 ITA NO. 7 9 4 / MUM/2020 A SSESSMENT YEAR: 201 4 - 1 5 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 T HAT THE 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 IN VIEW OF THE AFORESAID, WE TREAT THE APPEAL AS DEEMED TO HAVE BEEN WITHDRAWN, HENCE DISMISSED. 6 .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. 7 9 4 / MUM/2020 A SSESSMENT YEAR: 201 4 - 1 5 / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI
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