DCIT- 1(3)(1), Mumbai v. Shah Granites Private Ltd
[Citation -2019-LL-0821-30]

Citation 2019-LL-0821-30
Appellant Name DCIT- 1(3)(1), Mumbai
Respondent Name Shah Granites Private Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 21/08/2019
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags monetary limit • low tax effect
Bot Summary: Aforesaid appeals, all by revenue, with respect to different assessee contest separate orders of learned first appellate authority. Since the tax effect in all these appeals is stated to be less than monetary limit of Rs.50 Lacs as prescribed by Central Board of Direct Taxes in its recently issued Circular No.17/2019 dated 08/08/2019 F.No. Upon perusal of appeal folders, prima facie, it appears that the tax effect of the quantum additions being contested by the revenue is less than prescribed monetary limit of Rs.50 Lacs and the same is covered by recently issued low tax effect Circular No.17/2019 dated 08/08/2019 issued by Central Board of Direct Taxes CBDT. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. The Ld. Departmental Representative is unable to point out any exceptions in the appeals as provided in para-10 of Circular no. We have gone through the circular and find that the tax effect of quantum in dispute in each of the appeal is below prescribed limit of Rs.50 Lacs and the assessee stood benefitted by the above circular issued by CBDT wherein the minimum monetary limit for filing the appeals before various appellate authorities have been fixed as under: - 4 S. No. Appeals/ SLPs in Income-tax Monetary Limit matters 1 Before Appellate Tribunal 50.00,000 2 Before High Court 1,00.00,000 3 Before Supreme Court 2,00.00,000 The aforesaid limits, as per para 13 of the Circular no. 3 of 2018 dated 11/07/2018, applies to pending appeals also. At the same time, a liberty is given to revenue to seek recall of any appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in the aforesaid circular or in case the tax effect of the quantum additions as agitated by revenue exceeds the prescribed monetary limit.


1 IN INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI .BEFORE HON BLE SHRI C.N. PRASAD, JM AND HON BLE SHRI MANOJ KUMAR AGGARWAL, AM 1. I.T.A. No.5248/Mum/2017 (Assessment Year: 2009-10) DCIT-1(3)(1) M/s. Shah Granites Private Ltd. Room No.540, 5 t h Floor 409/410, A-W ing, Master Mind-I,Aaykar Bhavan, M.K. Road Royal Palms, Mayur Nagar Mumbai-400 020. Vs. Aarey Milk Colony, Goregaon (E) Mumbai-400 065. . PAN/GIR No. AAACS-5241-C (Appellant) : Respondent) Assessee by : None Revenue by : Chaudhary Arun Kumar Singh - Ld. Sr. DR & 2. I.T.A. No.5249/Mum/2017 (Assessment Year: 2010-11) DCIT-1(3)(1) M/s. Shah Granites Private Ltd. Room No.540, 5 t h Floor 409/410, A-W ing, Master Mind-I, Aayakar Bhavan, M.K. Road Royal Palms, Mayur Nagar Mumbai-400 020. Vs. Aarey Milk Colony, Goregaon (E) Mumbai-400 065. PAN/GIR No. AAACS-5241-C (Appellant) : (Respondent) Assessee by : None Revenue by : Chaudhary Arun Kumar Singh - Ld. Sr. DR & 3. I.T.A. No.3971/Mum/2018 (Assessment Year: 2010-11) ITO 17(3)(4) M/s. Sunrise Developers / Room No.123, Aaykar Bhavan Sunbeam Chambers, Gr.Floor M.K. Marg, New Marine Lines Vs. New Marine Lines 2 Mumbai-400 020. Mumbai-400 020.PAN/GIR No. ABCFS-2667-N (Appellant) : (Respondent) Assessee by : Shri Suchek Anchaliya-Ld. AR Revenue by : Chaudhary Arun Kumar Singh - Ld.Sr.AR & 4. .I.T.A. No.3972/Mum/2018 (Assessment Year: 2011-12) ITO 17(3)(4) M/s. Sunrise Developers Room No.123, Aaykar Bhavan Sunbeam Chambers, Gr.Floor M.K. Marg, New Marine Lines Vs. New Marine Lines Mumbai-400 020. Mumbai-400 020. PAN/GIR No. ABCFS-2667-N (Appellant) : (Respondent) Assessee by : Shri Suchek Anchaliya-Ld. AR Revenue by : Chaudhary Arun Kumar Singh - Ld.Sr.AR & 5.I.T.A. No.3973/Mum/2018 (Assessment Year: 2012-13) ITO 17(3)(4) M/s. Sunrise Developers Room No.123, Aaykar Bhavan / Sunbeam Chambers, Gr.Floor M.K. Marg, New Marine Lines Vs. New Marine Lines Mumbai-400 020. Mumbai-400 020. PAN/GIR No. ABCFS-2667-N (Appellant) : (Respondent) Assessee by : Shri Suchek Anchaliya-Ld. AR Revenue by : Chaudhary Arun Kumar Singh - Ld.Sr.AR : 21/08/2019 Date of Hearing : 21/08/2019 Date of Pronouncement 3 / O R D E R Per Bench 1. Aforesaid appeals, all by revenue, with respect to different assessee contest separate orders of learned first appellate authority. Since tax effect in all these appeals is stated to be less than monetary limit of Rs.50 Lacs as prescribed by Central Board of Direct Taxes in its recently issued Circular No.17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007-TTJ(Pt.) Government of India, Ministry of Finance, Department of Revenue], all these appeals are being disposed- off by way of this consolidated order for sake of convenience & brevity. 2. Upon perusal of appeal folders, prima facie, it appears that tax effect of quantum additions being contested by revenue is less than prescribed monetary limit of Rs.50 Lacs and same is covered by recently issued low tax effect Circular No.17/2019 dated 08/08/2019 issued by Central Board of Direct Taxes [CBDT]. This recent circular further enhances monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. Ld. Departmental Representative is unable to point out any exceptions in appeals as provided in para-10 of Circular no. 3 of 2018 dated 11/07/2018. 3. We have gone through circular and find that tax effect of quantum in dispute in each of appeal is below prescribed limit of Rs.50 Lacs and assessee stood benefitted by above circular issued by CBDT wherein minimum monetary limit for filing appeals before various appellate authorities have been fixed as under: - 4 S. No. Appeals/ SLPs in Income-tax Monetary Limit (Rs.) matters 1 Before Appellate Tribunal 50.00,000 2 Before High Court 1,00.00,000 3 Before Supreme Court 2,00.00,000 aforesaid limits, as per para 13 of Circular no. 3 of 2018 dated 11/07/2018, applies to pending appeals also. In view of admitted position, we dismiss all appeals. 4. At same time, liberty is given to revenue to seek recall of any appeal, if at later stage, it is found that matter is covered by any exceptions provided in aforesaid circular or in case tax effect of quantum additions as agitated by revenue exceeds prescribed monetary limit. 5. Resultantly, all appeals stand dismissed. Order pronounced in open court on 21st August, 2019. Sd/- Sd/- (C.N. Prasad) (Manoj Kumar Aggarwal) Judicial Member Accountant Member Mumbai; Dated : 21/08/2019 Sr.PS, Jaisy Varghese Copy of Order forwarded to : 1. Appellant 2. Respondent 3. CIT(A) 4. CIT concerned 5. DR, ITAT, Mumbai 6. Guard File BY ORDER, (Dy./Asstt.Registrar) , ITAT, Mumbai. DCIT- 1(3)(1), Mumbai v. Shah Granites Private Ltd
Report Error