The Income-tax Officer, Ward- 21(1)(5), Mumbai v. Jager Gammon Joint Venture
[Citation -2019-LL-0829-98]

Citation 2019-LL-0829-98
Appellant Name The Income-tax Officer, Ward- 21(1)(5), Mumbai
Respondent Name Jager Gammon Joint Venture
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 29/08/2019
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags quantum addition • monetary limit • tax effect
Bot Summary: The learned Counsel for the assessee stated that the tax effect of these additions are 37,18,705/-, 39,89,019/- 38,88,627/- respectively for AY 2010-11, 2011-12, 2012-13, which is below the low tax effect as prescribed vide CBDT Circular No. 17/2019 vide F.No. Dated 08.08.2019, wherein the monetary limit for filing of appeal before ITAT is enhanced to 50 lacs. 142/2007-ITJ increasing the monetary limit for filing of appeal before Income Tax Appellate Tribunal i.e. 50 lacs in each of the case from the monetary limit of 20 lacs. Admittedly, in these case tax effect is below prescribed limit for filing of appeal before the Tribunal by the Revenue i.e. 50 lacs. Now, before us, the learned Sr. DR only requested that he want to verify whether these appeals falls under any of the exception as provided in CBDT Circular No. 3/2018. Admittedly, the tax effect in these appeals of Revenue is much below the prescribed limit of filing appeal before the Tribunal i.e. 50 lacs as per CBDT circular No. 17 of 2019. In view of the above, these appeals of Revenue are dismissed as withdrawn in view of Circular No. 17 of 2019.


F IN INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , BEFORE SRI MAHAVIR SINGH, JM AND SRI RAJESH KUMAR, AM ITA No. 5060/Mum/2016 (Assessment Year 2010 -11) ITA No. 836/Mum/2017 (Assessment Year 2011-12) ITA No. 4646/Mum/2017 (Assessment Year 2012 -13) Income Tax Officer, Ward M/s Jager Gammon Joint Venture 21(1)(5), Room No. 120, 1 Floor, st 1, Gammon House, Veer Vs. Savarkar Piramal Chambers, Lalabug, Parel, Marg, Prabhadevi, Mumbai-400012 Mumbai-400025 (Appellant) .. (Respondent) PAN No. AAAAJ3880C Appellant by : Shri Rajeev Gubgotra, DR Respondent by : Shri Vinod Modi Date of hearing: 29.08.2019 Date of pronouncement : 29.08.2019 AadoSa ORDER , PER MAHAVIR SINGH, JM: These three appeals by Revenue are arising out of orders of Commissioner of Income Tax (Appeals)-33, Mumbai in Appeal Nos. CIT(A)-33/Rg.21/373,191, 147/2015-16, 2014-15, 2013-14 dated 04.04.2017, 15.11.2016, 02.05.2016. Assessments were framed by 2|Page I T s N o . 4 6 4 6 , 8 3 6 / MU M / 2 0 1 7 5 0 6 0 / Mu m / 2 0 1 6 Income Tax Officer, Ward-21(1)(5), 18(1)(4), Mumbai (in short ACIT/ITO/ AO) for AY 2012-13, 2011-12, 2010-11 vide dated 19.03.2015, 28.03.2014, 25.03.2013 under section 143(3) of Income-tax Act, 1961 (hereinafter Act ). 2. These appeals contains quantum addition of 1,29,09,446/- 1,20,34,645/ & 1,25,84,554/- for AYs 2010-11, 2011-12, 2012-13 respectively, which are disputed before Department stated by learned Counsel . learned Counsel for assessee stated that tax effect of these additions are 37,18,705/-, 39,89,019/- & 38,88,627/- respectively for AY 2010-11, 2011-12, 2012-13, which is below low tax effect as prescribed vide CBDT Circular No. 17/2019 vide F.No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019, wherein monetary limit for filing of appeal before ITAT is enhanced to 50 lacs. We noted that vide this circular No. 17/2019 dated 08.08.2019 amendment was made to CBDT Circular No. 3/2018 dated 11.07.2018 vide F.No. 279/Misc. 142/2007-ITJ (Pt) increasing monetary limit for filing of appeal before Income Tax Appellate Tribunal i.e. 50 lacs in each of case from monetary limit of 20 lacs. We noted that earlier Circular No. 3 of 2018 was made applicable to pending appeals also and this clause of circular remains unchanged even after amendment. Admittedly, in these case tax effect is below prescribed limit for filing of appeal before Tribunal by Revenue i.e. 50 lacs. 3. When this was confronted to learned Sr. Departmental Representative, he could not point out that these appeals falls under any of exception as provided in Circular No. 3 of 2018, which are applicable to present circular no. 17/2019. Now, before us, learned Sr. DR only requested that he want to verify whether these appeals falls under any of exception as provided in CBDT Circular No. 3/2018. Here, we are giving liberty to Revenue, that in case, after 3|Page I T s N o . 4 6 4 6 , 8 3 6 / MU M / 2 0 1 7 5 0 6 0 / Mu m / 2 0 1 6 passing order, it comes to notice of Revenue that these appeals does falls under any exception of CBDT Circular No. 3/18, AO can move for recalling of order within prescribed time limit under section 254(2) of Act. Admittedly, tax effect in these appeals of Revenue is much below prescribed limit of filing appeal before Tribunal i.e. 50 lacs as per CBDT circular No. 17 of 2019. In view of above, these appeals of Revenue are dismissed as withdrawn in view of Circular No. 17 of 2019. 4. In Result, appeals of Revenue are dismissed as withdrawn. Order pronounced in open court on 29.08.2019. Sd/- Sd/- ( RAJESH KUMAR) (MAHAVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Mumbai, Dated: 29.08.2019 Sudip Sarkar, Sr.PS /Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, //True Copy// (Asstt. Registrar) , ITAT, Mumbai Income-tax Officer, Ward- 21(1)(5), Mumbai v. Jager Gammon Joint Venture
Report Error