DY CIT CC 6(4) , MUMBAI V. SMT. DEVAL D THAKKAR [NOW KNOWN AS SMT DEVAL E ANTHONY], MUMBAI

ITA 968/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5890 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 06-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHARAT ANDHLE SR AR
• Keywords: Tax effect

Judgement Text

1 ITAS 968 & 974/MUM/2020 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) I.T.A. NOS.968 AND 974/MUM/2020 (ASSESSMENT YEARS 2004-05 AND 1999-2000) DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-6(4), MUMBAI VS SMT. DEVAL D THAKKAR (NOW KNOWN AS SMT. DEVAL E ANTHONY) ROOM NO.1925, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI-400 021 PAN : AAACPT8999F APPELLANT RESPONDENT APPELLANT BY SHRI BHARAT ANDHLE, [SR. AR (CIT)] RESPONDENT BY SHRI DILIP THAKKAR DATE OF HEARING 08-09-2021 DATE OF PRONOUNCEMENT 08-09-2021 O R D E R PER SAKTIJIT DEY (JM) CAPTIONED APPEALS BY THE REVENUE ARISE OUT OF TWO SEPARATE ORDERS, BOTH DATED 26-11-2019, OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-54, MUMBAI FOR THE ASSESSMENT YEARS 2004-05 AND 1999-2000. 2. WE HAVE HEARD LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE AND LEARNED DEPARTMENTAL REPRESENTATIVE. 2 ITAS 968 & 974/MUM/2020 3. AT THE OUTSET, LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE R EVENUE IN THE PRESENT APPEALS IS BELOW THE MONETARY LIMIT OF RS. 50 LAKHS AS PER CIRCULAR NO.17 OF 2019, DATED 8 TH AUGUST, 2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT). FURTHER, HE SUBMITTED, THE APPEALS ARE NOT COVERED UNDER ANY OF THE EXCEPTIONS TO THE AFORESAID CIRCULAR. THUS, HE SUBMITTED, THE APPEAL S HAVE TO BE DISMISSED AS NOT MAINTAINABLE. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE COULD NO T CONTROVERT THE AFORESAID SUBMISSIONS OF LEARNED AUTHORIZED REPRESE NTATIVE OF THE ASSESSEE. 5. HAVING CONSIDERED RIVAL SUBMISSIONS, WE FIND FRO M COLUMN NUMBER 10 OF MEMORANDUM OF APPEAL IN FORM 36 FILED BY THE REVENU E THAT TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN ASSESSMENT YEARS 2004-05 AND 1999-2000 RESPECTIVELY, ARE RS.11,01,972/- AND RS.20,44,360/- . FURTHER, THE FACTS ON RECORD DO NOT REVEAL THAT THE APPEALS ARE COVERED BY ANY O F THE EXCEPTIONS PROVIDED TO THE CBDT CIRCULAR REFERRED TO ABOVE. IN VIEW OF THE AFORESAID, WE DISMISS THE APPEALS. HOWEVER, LIBERTY IS GRANTED TO THE REVENU E TO SEEK RECALL OF THIS ORDER, IN CASE, REVENUE CAN DEMONSTRATE THAT EITHER THE TAX E FFECT ON THE AMOUNT DISPUTED IN THE PRESENT APPEALS IS ABOVE THE MONETARY LIMIT OF RS.50 LAKHS OR THE APPEALS ARE COVERED BY ANY OF THE EXCEPTIONS PROVIDED TO TH E AFORESAID CIRCULAR. 6. IN THE RESULT, APPEALS ARE DISMISSED. ORDER PRONOUNCED ON 08/09/2021. SD/- SD/- (RAJESH KUMAR) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT : 08/09/2021 PAVANAN 3 ITAS 968 & 974/MUM/2020 COPY TO : 1. APPELLANT 2. RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR, ITAT, MUMBAI 6. GUARD FILE /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI