ASST CIT PALGHAR CIR PALGHAR, PALGHAR V. RAJENDRASINGH RATHORE PROP OF M/S.RAJENDRA ENTERPRISES & M/S.RAJSHREE TRANSPORT COMPANY, PALGHAR

ITA 856/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1462 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 12-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHI RAMA KARTIKEYANLD
• Assessee Lawyers: VIPUL JAINLD
• Keywords: Tax effect

Judgement Text

ITA NO.856/MUM/2018 1 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.856/MUM/2018 ( / ASSESSMENT YEAR:2010-11) A CIT - PALGHA R CIRCLE PALGHAR AAYKAR BHAVAN INCOME TAX OFFICE BIDCO ROAD, PALGHAR DIST. PALGHAR-401 404. / VS. SHRI RA JENDRA SINGH RATHORE 807, NAMINATH, B-WING OSTWAL EMPIRE BOISAR TALUKA, PALGHAR DIST PALGHAR-401 501 ./ ./PAN/GIR NO. AHDPR-0416-K ( ! /APPELLANT ) : ( '#! / RESPONDENT ) APPELLANT BY : ABHI RAMA KARTIKEYAN - LD.DR RESPONDENT BY : VIPUL JAIN-LD.AR / DATE OF HEARING : 19/03/2019 / DATE OF PRONOUNCEMENT : 22/03/2019 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2010-11 CONTEST THE ORDER OF LD. COMMIS SIONER OF INCOME- TAX (APPEALS)-3, THANE, [IN SHORT REFERRED TO AS C IT(A)], APPEAL NO.10158-THN/16-17 DATED 23/11/2017 ON CERTAIN GROUNDS OF APPEAL. 2. THE LD. AUTHORIZED REPRESENTATIVE FOR ASSESSEE [ AR], AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT OF THE QUANTU M ADDITIONS BEING CONTESTED BY THE REVENUE WAS LESS THAN THE PRESCRIB ED MONETARY LIMIT ITA NO.856/MUM/2018 2 AND THEREFORE, REVENUES APPEAL IS NOT MAINTAINABLE IN VIEW OF THE RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.03/2018 DATED 11/07/2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. AFTER PERUSAL OF THE SAME, PRIMA FACIE, IT APPEARS THAT THE TAX EFFECT OF THE QUANTUM ADDIT IONS AS CONTESTED BY THE REVENUE IS LESS THAN PRESCRIBED LIMIT OF RS.20 LACS AND THE SAME IS COVERED BY RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.03/2018 DATED 11/07/2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THE LD. DR COULD NOT POINT OUT ANY EXCEPTION AS GIV EN IN THE CBDT CIRCULARS. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IS BELOW PRESCRIBED LIMIT OF RS. 20 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISS UED BY CBDT WHEREIN THE MINIMUM MONETARY LIMIT FOR FILING THE A PPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE BEEN FIXED AS UNDER: - S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 20,00,000 2 BEFORE HIGH COURT 50,00,000 3 BEFORE SUPREME COURT 1,00,00,000 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR APPLIES TO PENDING APPEALS ALSO. IN VIEW OF THE ADMITTED POSITION, WE DISMISS THE REVENUES APPEAL. 4. THE REVENUE IS FREE TO MOVE APPROPRIATE APPLICAT ION TO RECALL THIS ORDER, IF AT A LATER STAGE, IT IS FOUND THAT THE MA TTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEED S THE PRESCRIBED MONETARY LIMIT. ITA NO.856/MUM/2018 3 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2019. SD/- SD/- /- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 22/03/2019 SR.PS:-JAISY VARGHESE '# $# / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '#! / THE RESPONDENT 3. * ( ) / THE CIT(A) 4. * / CIT CONCERNED 5. +, '%- , - , / DR, ITAT, MUMBAI 6. ,./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.