DCIT CEN CIR 1(2), MUMBAI V. AISHWARYA RAI BACHHAN, MUMBAI

MA 129/MUM/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5515 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE S/SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND S/SHRI AMARJIT SINGH, JUDICIAL MEMBER M.A. N O . 129 / M/201 9 (ARISING OUT OF ITA NO. 2184 /MUM/201 7 ) ( / ASSESSMENT YEAR: 2012 - 1 3 ) THE DCIT, CENTRAL CIRCLE - 1(2) ROOM NO.906, OLD CGO, ANNEXE, M.K. ROAD, MUMBAI - 400020 . / VS. MS. AISHWARYA RAI BACHHAN PRATEEKSHA, 10 TH NORTH SOUTH ROAD, JVPD SCHEME, JUHU, MUMBAI - 400049. / . / . PAN/GIR NO. : ADLPR3537P ( / APPELLANT ) / APPLICANT .. ( / RESPONDENT ) / DATE OF HEARING: 23 /0 8 /2019 /DATE OF PRONOUNCEMENT: 28 / 0 8 / 2019 ORDER PER AMARJIT SINGH, J M THE REVENUE HAS FILED THE PRESENT MISCELLA NEOUS APPLICATION BEARING NO.129 /M/2019 U/S 254 (2) OF THE I.T. ACT, 1961 ARISING OUT OF ITA. NO. 2184 /M/1 7 FOR THE A.Y. 20 12 - 13 DECIDED VIDE ORDER DATED 30 . 08 .201 8 . 2. THE BRIEF FACTS OF THE CASE ARE THAT THE APPEAL OF THE REVENUE BEARING ITA. NO.2184 /M/201 7 HAS BEEN DISMISSED BY HONBLE ITAT BY VIRTUE OF OR DER DATED 30 .08.2018 ON THE REASON OF THAT THE TAX EFFECT WAS BELOW 20 LACS IN VI E W OF THE CBDT CIRCULAR NO.03/2018 DATED 11.07.2018. IT CAME INTO NOTICE THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL WAS TO THE TUNE OF RS. 23,47,031/ - , THEREFORE, THE CONTROVERSY NOWHERE FALLS WITHIN THE AMBIT OF CIRCULAR NO.03 OF 2018 DATED 11.07.2018, HENCE, THE ORDER DATED 30 .08.2018 IS LIABLE TO BE RECALLED IN THE INTEREST OF JUSTICE. 3. NOTICE GIVEN. REVENUE BY: SHRI MANOJ KUMAR SINGH ( DR) ASSESSEE BY: SHRI SUNIL NAHTA MA 129 / MUM/201 9 4. WE HAVE HEARD THE ARGUMENT ADVANCED BY THE LD. REPRESENTATIV E OF THE PARTIES AND PERUSED THE RECORD. T HE APPEAL BEARING ITA NO.2184/M/2017 FILED BY REVENUE WAS DISMISSED ON ACCOUNT OF TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.03/2018. THE CIT(A) HAS GIVEN THE RELIEF TO THE ASSESSEE OF RS.23 ,47,031/ - . UNDOUBTEDLY, THE MONETARY LIMIT IS HIGH SO THE CASE WAS NOT REQUIRED TO BE DISMISSED IN VIEW OF THE CBDT CIRCULAR NO.03/2018. IT IS AL SO NECESSARY TO MENTION THAT SUBSEQUENT LY TO THE CBDT CIRCULAR NO.03/2018 , T HE CBDT HAS ISSUED THE NEW CIRCULA R NO. 17/2019 DATED 08.08.2019 IN WHICH THE MONETARY LIMIT OF REVENUE FOR FILING THE APPEAL HAS RAISED FROM 20 LACS TO 50 LACS BEFORE THE HONBLE ITAT. NO USEFUL PURPOSE WOULD BE SERVED TO RECALL THE ORDER BECAUSE IN VIEW OF THE NEW CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 , T HE APPEAL FILED BY REVENUE BEAR ING ITA. NO.2184/M/2017 COME WITHIN THE AMBIT OF THE LOW TAX EFFECT I.E. BELOW 50 LACS. ACCORDINGLY, WE NOWHERE FOUND ANY REASON TO RECALL THE ORDER, THEREFORE, THE PRESENT MA FILED BY THE REVENUE IS HERE BY ORDERED TO BE DISMISSED. IN THE RESULT , THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS HEREBY ORDERED TO BE DISMISSED . ORDER WAS PRON OUNCED IN TH E OPEN COURT ON 28 /0 8 / 2019 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI, DT: 28 /08 / 2019 V IJAY /SR. PS MA 129 / MUM/201 9 COPY TO : 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) 4 . THE CIT 5 . THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, A , BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES