Income-tax Officer–21(3)(4), Mumbai v. New Egg Centre
[Citation -2019-LL-0926-24]

Citation 2019-LL-0926-24
Appellant Name Income-tax Officer–21(3)(4), Mumbai
Respondent Name New Egg Centre
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 26/09/2019
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags deletion of penalty • quantum of penalty • quantum addition • monetary limit • tax effect
Bot Summary: Government of India, Ministry of Finance, Department of Revenue and therefore, the appeals are not maintainable. The Ld. Departmental Representative is unable to point out any exceptions in the appeal as provided in para-10 of Circular no. The perusal of grounds of appeal as well as quantum order, prima facie, establishes that the tax effect of quantum addition / penalty being contested by the revenue is below Rs.50 Lacs. We have gone through the circular and find that the tax effect in both the appeals 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: - 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 3 ITA No.3824-25/Mum/2011 M/s. New Egg Centre Assessment Year-2002-03 The aforesaid limits, as per para 13 of the Circular no. 3 of 2018 dated 11/07/2018, applies to the pending appeals also. In view of the admitted position, we dismiss both the appeals filed by the revenue. At the same time, a liberty is granted to revenue to seek recall of any of the 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 additions or the quantum of penalty as agitated by revenue exceeds the prescribed monetary limit.


IN INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM I.T.A. No.3824/Mum/2011 (Assessment Year 2002-03) & I.T.A. No.3825/Mum/2011 (Assessment Year: 2002-03) Income Tax Officer 21(3)(4) M/s. New Egg Centre C-11, Bldg., 5th Floor Opp. L&T Gate No.07 Pratyakshkar Bhavan Vs. Saki Vihar Road BKC, Bandra(E), Mumbai-400 051. Powai, Mumbai-400 072. PAN/GIR No. AAAFN-2058-D (Appellant) (Respondent) Appellant by Shri Ms. Kavita P. Kaushik-Ld. DR Respondent by Shri Prakash Pandit-Ld. AR Date of Hearing 26/09/2019 Date of Pronouncement 26/09/2019 ORDER Per Bench 1. By way of these appeals for Assessment Year 2002-03, revenue is contesting correctness of orders of learned first appellate authority in deleting certain quantum additions as well as deletion of penalty u/s 271(1)(c) in matter of captioned assessee. 2 ITA No.3824-25/Mum/2011 M/s. New Egg Centre Assessment Year-2002-03 2. learned Authorized Representative for assessee, at outset, drew our attention to fact that tax effect of quantum additions as well as quantum of penalty being contested by revenue is below threshold 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] and therefore, appeals are not maintainable. 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 appeal as provided in para-10 of Circular no. 3 of 2018 dated 11/07/2018. perusal of grounds of appeal as well as quantum order, prima facie, establishes that tax effect of quantum addition / penalty being contested by revenue is below Rs.50 Lacs. 3. We have gone through circular and find that tax effect in both appeals 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: - 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 3 ITA No.3824-25/Mum/2011 M/s. New Egg Centre Assessment Year-2002-03 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 both appeals filed by revenue. 4. At same time, liberty is granted to revenue to seek recall of any of 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 additions or quantum of penalty as agitated by revenue exceeds prescribed monetary limit. 5. Resultantly, both appeals stand dismissed. Order pronounced in open court on 26th September,2019. Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) Judicial Member Accountant Member Mumbai Dated 26/09/2019 Sr.PS:-Jaisy Varghese Copy of Order forwarded to 1. Appellant 2. Respondent 4 ITA No.3824-25/Mum/2011 M/s. New Egg Centre Assessment Year-2002-03 3. CIT(A) 4. CIT concerned 5. DR, ITAT, Mumbai 6. , Guard File BY ORDER, (Dy. Asstt.Registrar) , ITAT, Mumbai Income-tax Officer21(3)(4), Mumbai v. New Egg Centre
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