INCOME TAX OFFICER 21(2)(3), MUMBAI V. MURUDE SAHAKARI PATSANSTHA MARYADIT, MUMBAI

ITA 938/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0340 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 16-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K BEPARI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA NO. 938 / MUM . /2018 ( ASSESSMENT YEAR : 201 4 15 ) INCOME TAX OFFICER WARD 21(2)(3), MUMBAI . APPELLANT V/S MURUDE SAHAKARI PATSANSTHA MARYADIT 58/59, SHIVAJI NAGAR CHS N.M. JOSHI MARG, MUMBAI 400 013 PAN AAHFM6358C . RESPONDENT ITA NO.939/MUM./2018 ( ASSESSMENT YEAR : 2013 14 ) INCOME TAX OFFICER WARD 21(2)(3), MUMBAI . APPELLANT V/S MURUDE SAHAKARI PATSANSTHA MARYADIT 58/59, SHIVAJI NAGAR CHS N.M. JOSHI MARG, MUMBAI 400 013 PAN AAHFM6358C . RESPONDENT REVENUE BY : SHRI S.K. BEPARI ASSESSEE BY : SHASHANK MEHTA DATE OF HEARING 11 .09.2018 DATE OF ORDER 11.09.2018 O R D E R A FORESAID APPEAL S HA VE BEEN FILED BY THE REVENUE CHALLENGING A COMMON ORDER DATED 10 TH NOVEMBER 2017, PASSED BY THE LEARNED 2 MURUDE SAHAKARI PATSANSTHA MARYADIT COMMISSIONER (APPEALS) 33 , MUMBAI, FOR THE ASSESSMENT YEAR S 2013 14 AND 2014 15 . 2 . AT THE OUTSET, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE TAX EFFECT ON THE QUANTUM OF ADDITIONS CONTESTED BY THE REVENUE IN EACH OF THE ASSESSMENT YEARS IS LESS THAN THE PRESCRIBED LIMIT OF ` 20 LAKH FIXED FOR FILING OF APPEAL BEFORE THE INC OME TAX APPELLATE TRIBUNAL, HENCE, IS COVERED BY THE RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.3/2018, DATED 11 TH JULY 2018, BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT). 3 . THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREED WITH THE AFORESAID SUBMISSIONS OF THE ASSESSEE. 4 . I HAVE GONE THROUGH THE CBDT CIRCULAR REFERRED TO ABOVE AND FIND THAT THE TAX EFFECT ON THE QUANTUM OF ADDITIONS DISPUTED BY THE REVENUE IN EACH OF THE ASSESSMENT YEAR S IS BELOW THE THRESHOLD LIMIT OF ` 20 LAKH, THEREFORE, AS PER THE CBDT CIRCU LAR REFERRED TO ABOVE, THE APPEAL FILED BY THE REVENUE HA S TO BE WITHDRAWN / NOT PRESSED, S INCE , THE AFORESAID CIRCULAR BY CBDT APPLIES EVEN TO THE PENDING APPEALS. IN VIEW OF THE AFORESAID, WE DISMISS THE PRESENT APPEALS FILED BY THE REVENUE. 3 MURUDE SAHAKARI PATSANSTHA MARYADIT 5 . IN THE RESULT, BOTH THE APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11.09.2018 SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 11.09.2018 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (SR. PRIVATE SECRETARY) ITAT, MUMBAI