ACIT- 3(2)(1), Mumbai v. Indian Express News Paper (Mumbai) Ltd
[Citation -2019-LL-0820-184]

Citation 2019-LL-0820-184
Appellant Name ACIT- 3(2)(1), Mumbai
Respondent Name Indian Express News Paper (Mumbai) Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 20/08/2019
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags change of opinion • monetary limit • tax effect • disallowance of bad debt • reassessment order
Bot Summary: Commissioner of Income Tax-8, CIT(A), Mumbai dated 21.10.2016, which in turn arises from the assessment order passed under section 143(3) rws 147 dated 30.03.2015 for Assessment Year 2009-10. Authorized representative of the assessee submitted that the tax effect involved in the present appeal is below Rs. 50,00,000/- i.e. the monetary limit prescribed by CBDT Circular No.17/2019 dated 8th August 2019. AR of the assessee further submits that admittedly the tax effect involved in the present appeal is less than Rs. 50,00,000/-. The present appeal is squarely covered by the CBDT Circular No. 17/2019 dated 8th August 2019. Departmental Representative for the revenue after going through the grounds of appeal submitted that though the tax effect involved in the present appeal is less than the monetary limit of tax effect fixed by CBDT in a recent circular the revenue may be given liberty to get the appeal revived in case at the later stage it is discovered that the ground of appeal is covered by any exception clause of CBDT Circular No. 3/2018 dated 11th July 2018. Representatives of the parties, we find that tax effect involved in the present appeal is less than the monetary limit of Rs. 50,00,000/- fixed by CBDT Circular No. 17/2019 dated 8th August 2019 the appeal of revenue is dismissed being not maintainable. The revenue is given liberty to get the appeal revived in case, if it is discovered that the present appeal is covered by any exception clause of CBDT Circular No.3/2018 dated 11th July 2018.


IN INCOME TAX APPELLATE TRIBUNAL, C BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA No. 807/Mum/2017 for Assessment Years: 2009-10 ACIT- 3(2)(1), Indian Express News Paper th Room No. 608, 6 Floor, (Mumbai) Ltd., Express Tower, Aayakar Bhawan, M.K. Road, Vs Nariman Point, Mumbai-400021. Mumbai-400020. PAN : AAACI1255F (Appellant) (Respondent) Appellant by : Shri Ashish Pophare (DR) Respondent by : Shri V. Mohan (AR) Date of Hearing : 20/08/2019 Date of Pronouncement: 20/08/2019 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by revenue under section 253 of Income Tax Act is directed against order of ld. Commissioner of Income Tax (Appeals)-8, [CIT(A)], Mumbai dated 21.10.2016, which in turn arises from assessment order passed under section 143(3) rws 147 dated 30.03.2015 for Assessment Year 2009-10. 2. At outset of hearing, ld. Authorized representative (AR) of assessee submitted that tax effect involved in present appeal is below Rs. 50,00,000/- i.e. monetary limit prescribed by CBDT Circular No.17/2019 dated 8th August 2019. ld. AR of assessee further submits that ld. CIT(A) held that re-assessment was mere change of opinion and quashed re-assessment order dated 30.03.2015, consequent upon disallowance of bad-debt of Rs. 84,28,476/- added by Assessing ITA No. 807 Mum 2017-Indian Express News Paper (Mumbai) Ltd. Officer was deleted. ld. AR of assessee further submits that admittedly tax effect involved in present appeal is less than Rs. 50,00,000/-. Therefore, present appeal is squarely covered by CBDT Circular No. 17/2019 dated 8th August 2019. 3. On other hand, ld. Departmental Representative (DR) for revenue after going through grounds of appeal submitted that though tax effect involved in present appeal is less than monetary limit of tax effect fixed by CBDT in recent circular, however, revenue may be given liberty to get appeal revived in case at later stage it is discovered that ground of appeal is covered by any exception clause of CBDT Circular No. 3/2018 dated 11th July 2018. 4. Considering submissions of both ld. representatives of parties, we find that tax effect involved in present appeal is less than monetary limit of Rs. 50,00,000/- fixed by CBDT Circular No. 17/2019 dated 8th August 2019, therefore, appeal of revenue is dismissed being not maintainable. However, revenue is given liberty to get appeal revived in case, if it is discovered that present appeal is covered by any exception clause of CBDT Circular No.3/2018 dated 11th July 2018. 5. In result, appeal of revenue is dismissed. Order pronounced in open court on this 20/08/2019. Sd/- Sd/- (RAJESH KUMAR (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Date: 20.08.2019 2 ITA No. 807 Mum 2017-Indian Express News Paper (Mumbai) Ltd. SK Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT BY ORDER Assistant Registrar ITAT Mumbai 3 ACIT- 3(2)(1), Mumbai v. Indian Express News Paper (Mumbai) Ltd
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