The DCIT, Cen.Cir.-6(3), Mumbai v. Bombay Rayon Fashions Ltd
[Citation -2019-LL-0916-122]

Citation 2019-LL-0916-122
Appellant Name The DCIT, Cen.Cir.-6(3), Mumbai
Respondent Name Bombay Rayon Fashions Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 16/09/2019
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags monetary limit • low tax effect • bogus purchase • addition to income
Bot Summary: Shri Dhaval Shah appearing on behalf of the assessee submitted at the outset that the appeal of Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No. 17/2019, dated 8th 2 ITA NO.6297 6299/MUM/2018 August, 2019. AR of the assessee pointed that tax effect involved in both the appeals is less than Rs.50 Lakhs. The Revenue is in appeal against the order of Commissioner of Income Tax in deleting the additions made by the Assessing Officer in respect of bogus purchases in assessment year 2011-12 2012-13. Undisputedly, the tax effect involved in both the appeals is less than the monetary limit prescribed by the recent CBDT Circular No. 17/2019, dated 08-08-2019 for filing of appeals before the Tribunal by the Department. The CBDT vide circular dated 08-08-2019 has amended Para 3 of Circular No. 3 of 2018 dated 11-07-2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing of appeals by the Department before the Tribunal. In the result, appeals of the Revenue are dismissed. Order pronounced in the open court after hearing the appeal on Monday, the 16th day of September 2019.


IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B , MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.6297 & 6299/MUM/2018 (A.Ys. 2011-12 & 2012-13) DCIT, Cen.Cir.6(3), Room No.1926, 19th Floor, Air India Building, Nariman Point, Mumbai 400021 ...... Appellant Vs. M/s. Bombay Rayon Fashions Ltd. D-Wing, 1st Floor, Oberoi Garden Estate, Chandivali, Andheri(E) Mumbai 400072 PAN: AAACM3447J ..... Respondent Appellant by : Ms. Kavita P. Kaushik Respondent by : Shri Dhaval Shah Date of hearing : 16/09/2019 Date of pronouncement : 16/09/2019 ORDER PER VIKAS AWASTHY, JM: These appeals by Revenue are directed against orders of CIT(A)-54, Mumbai for assessment years 2011-12 & 2012-13, respectively. Both impugned orders are dated 27/08/2018. 2. Shri Dhaval Shah appearing on behalf of assessee submitted at outset that appeal of Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No. 17/2019, dated 8th 2 ITA NO.6297 & 6299/MUM/2018 (A.Ys. 2011-12 & 2012-13) August, 2019. ld. AR submitted that Department in appeal has assailed findings of Commissioner of Income Tax (Appeals) in deleting addition of Rs.1,41,90,089/- for assessment year 2011-12 and Rs.59,36,088/- for assessment year 2012-13 on account of bogus purchases. ld. AR of assessee pointed that tax effect involved in both appeals is less than Rs.50 Lakhs. 3. Ms. Kavita P. Kaushik representing Department fairly admitted that in present appeals by Department tax effect is less than Rs.50 Lakhs. 4. Both sides heard. Revenue is in appeal against order of Commissioner of Income Tax (Appeal) in deleting additions made by Assessing Officer in respect of bogus purchases in assessment year 2011-12 & 2012-13. Undisputedly, tax effect involved in both appeals is less than monetary limit prescribed by recent CBDT Circular No. 17/2019, dated 08-08-2019 for filing of appeals before Tribunal by Department. CBDT vide circular dated 08-08-2019 (supra) has amended Para 3 of Circular No. 3 of 2018 dated 11-07-2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing of appeals by Department before Tribunal. Thus, without going into merit of issues raised in appeal, in view of CBDT Circular (supra) present appeals by Revenue are dismissed on account of low tax effect. 5. Before parting, we clarify here that Revenue shall be at liberty to approach Tribunal for restoration of appeals, with requisite material to show that appeal(s) is/are protected by exceptions 3 ITA NO.6297 & 6299/MUM/2018 (A.Ys. 2011-12 & 2012-13) prescribed in Para 10 of Circular dated 11-07-2018 and its amendment dated 20/08/2018. 6. In result, appeals of Revenue are dismissed. Order pronounced in open court after hearing appeal on Monday, 16th day of September 2019. Sd/- Sd/- (RAJESH KUMAR ) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 16/09/2019 Vm, Sr. PS(O/S) 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 (Dy./Asstt. Registrar) ITAT, Mumbai DCIT, Cen.Cir.-6(3), Mumbai v. Bombay Rayon Fashions Ltd
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