ITO 1(2)(4), MUMBAI V. PERFECT NANO SOLAR P. LTD, MUMBAI

ITA 89/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0528 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 05-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Assessee Lawyers: A K SHARMA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH , JM ITA NO. 89 / MUM/20 1 7 ( ASSESSMENT YEAR : 2009 - 10 ) ITO 1(2)(4) 536, AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 VS. M/S. PERFECT NANO SOLAR PVT. LTD., B - 17, 1 ST FLOOR, CHOTTU TERRACE SBS ROAD, COLABA MUMBAI 400 005 PAN/GIR NO. AAECP5136F ( APPELLANT ) .. ( RESPONDENT ) CO NO.165/MUM/2018 (ARISING OUT OF ITA NO. 89 /MUM/201 7 ) ( ASSESSMENT YEAR :2009 - 10 ) M/S. PERFECT NANO SOLAR PVT. LTD., B - 17, 1 ST FLOOR, CHOTTU TERRACE SBS ROAD, COLABA MUMBAI 400 005 ITO 1(2)(4) 536, AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO.AAECP5136F (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI CHAUDHARY ARUN KUMAR SINGH ASSESSEE BY SHRI A.K.SHARMA DATE OF HEARING 27 / 08 /201 9 DATE OF PRONOUNCEMENT 13 /09 /201 9 / O R D E R PER R.C.SHARMA (A.M) : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) - 2 , MUMBAI DATED 21/09/2016 FOR A.Y.2009 - 10 IN THE MATTER ORDER PASSED U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT). 2. AT THE OUTSET WE FOUND THAT TAX EFFECT IN RESPECT OF THE RELIEF GIVEN BY CIT(A) IS BELOW RS.50 LAKHS, THEREFORE IN TERMS OF CBDT CIRCULAR NO. 17/2019 DATED 08/08/2019 , REVENUE APPEAL IS LIABLE TO BE DISMISSED. ITA NO. 89/MUM/2017 & CO NO.165/MUM/2018 M/S. PERFECT NANO SOLAR PVT. LTD. 2 3. CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 READS AS UNDER: - FURTHER ENHANCEMENT OF MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL, HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT - AMENDMENT TO CIRCULAR 3 OF 2018 - MEASURES FOR REDUCING LITIGATION. C IRCULAR NO. 3/2018 DATED 11TH JULY 2018 HAS BEEN REPLACED BY CIRCULAR NO. 17/2019 DATED 8TH AUGUST 2019 TO ENHANCE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL, HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COU RT FOR REDUCING LITIGATION. APPEALS/SLPS IN INCOME - TAX MATTERS MONETARY LIMIT (RS.) (PREVIOUS LIMIT) MONETARY LIMIT (RS.) (REVISED LIMIT) BEFORE APPELLATE TRIBUNAL 20,00,000 50,00,000 BEFORE HIGH COURT 50,00,000 1,00,00,000 BEFORE SUPREME COURT 1,00, 00,000 2,00,00,000 THE ASSESSING OFFICER SHALL CALCULATE THE TAX EFFECT SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED ISSUES IN THE CASE OF EVERY ASSESSEE. IF, IN THE CASE OF AN ASSESSEE, THE DISPUTED ISSUES ARISE IN MORE THAN ONE ASSES SMENT YEAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF THE DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT. NO APPEAL SHALL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT. FURTHER, EVEN IN THE CASE OF COMPOSITE ORDER OF ANY HIGH COURT OR APPELLATE AUTHORITY WHICH INVOLVES MORE THAN ONE ASSESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR, NO APPEAL SHALL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT. IN CASE WHERE A COMPOSITE ORDER/ JUDGMENT INVOLVES MORE THAN ONE ASSESSEE, EACH ASSESSEE SHALL BE DEALT WITH SEPARATELY. 4. SINCE THE TAX EFFECT IS LESS THAN RS. 50.00 LA CS, THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ITA NO. 89/MUM/2017 & CO NO.165/MUM/2018 M/S. PERFECT NANO SOLAR PVT. LTD. 3 6. THE CROSS OBJECTION FILED BY THE ASSESSEE IS IN SUPPORT OF CIT(A)S ORDER, THE SAME IS ALSO DISMISSED. 5. IN THE RESULT, APP EAL OF THE REVENUE IS DISMISSED AND CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 / 09 /201 9 SD/ - ( PAWAN SINGH ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOU NTANT MEMBER MUMBAI ; DATED 13 / 09 /201 9 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//