INCOME TAX OFFICER, WARD-2(1)(2), MUMBAI v. M/S. CREATION PUBLICITY PRIVATE LIMITED, MUMBAI

ITA 5302/MUM/2019 | 2010-2011
Pronouncement Date: 08-03-2021 | Result: Dismissed

Appeal Details

RSA Number 530219914 RSA 2019
Assessee PAN AABCC2192B
Bench Mumbai
Appeal Number ITA 5302/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 25 day(s)
Appellant INCOME TAX OFFICER, WARD-2(1)(2), MUMBAI
Respondent M/S. CREATION PUBLICITY PRIVATE LIMITED, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 08-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 08-03-2021
Last Hearing Date 08-03-2021
First Hearing Date 08-03-2021
Assessment Year 2010-2011
Appeal Filed On 13-08-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI ! '# '$ BEFORE VIKAS AWASTHY JUDICIAL MEMBER & SHRI N.K.PRADHAN ACCOUNTANT MEMBER . 5302/ / 2019 (. . 2010-11 ) ITA NO.5302/MUM/2019(A.Y.2010-11) . 5304/ / 2019 (. . 2012-13 ) ITA NO.5304/MUM/2019(A.Y.2012-13) ITO WARD-2(1)(2) ROOM NO.543 5 TH FLOOR AAYKAR BHAVAN M.K.ROAD MUMBAI 400 020 ...... ) / APPELLANT VS. M/S.CREATION PUBLICITY PRIVATE LIMITED 4 PAREKH VORA CHAMBERS 66 NAGINDAS MASTER ROAD FORT MUMBAI 400 001 PAN: AABCC2192B ..... !*/ RESPONDENT ASSESSEE BY : LETTER DATED 04/03/202 1 REVENUE BY : SHRI SANJAY J. SETHI +* / DATE OF HEARING : 08/03/2021 -. +* / DATE OF PRONOUNCEMENT : 08/03/2021 '/ ORDER PER VIKAS AWASTHY J.M: THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AG AINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-4 MUMBAI ( IN SHORT THE CIT(A)) FOR THE ASSESSMENT YEARS 2010-11 AND 2012-13 RESPECTIVELY. BOTH THE IMPUGNED ORDERS ARE OF EVEN DATE I.E.20/05/2019. 2 ITA NO.5302/MUM/2019(A.Y.2010-11) ITA NO.5304/MUM/2019(A.Y.2012-13) 2 . A PERUSAL OF THE APPEAL FILES REVEAL THAT IDENTIC AL GROUNDS HAVE BEEN RAISED IN BOTH THE IMPUGNED ASSESSMENT YEAR. THE SOLITARY G ROUND RAISED IN THE APPEAL BY REVENUE IS AGAINST ALLOWING OF ASSESSEES CLAIM O F KEYMAN INSURANCE PREMIUM BY CIT(A). THE TAX EFFECT INVOLVED IN APPEAL FOR ASS ESSMENT YEAR 2010-11 IS RS.2 24 072/- AND IN ASSESSMENT YEAR 2012-13 IS RS. 2 23 253/-. THUS BOTH THE APPEALS ARE LIABLE TO BE DISMISSED ON ACCOUNT OF LO W TAX EFFECT IN TERMS OF CBDT CIRCULAR NO. 17/2019 DATED 08-08-2019. 3. SHRI SHRI SANJAY J. SETHI REPRESENTING THE DEP ARTMENT FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN BOTH THE APPEALS IS LESSS TH AN THE MONETARY LIMIT SPECIFIED BY THE CBDT. 4. WITHOUT COMMENTING ON MERITS OF THE GROUNDS RAI SED IN THE APPEALS THESE APPEALS BY THE REVENUE ARE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO. 17/2019 DATED 08-08-2019. 5. IN THE RESULT APPEALS BY THE REVENUE ARE DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY THE 8 TH DAY OF MARCH 2021. SD/- SD/- (N.K.PRADHAN) (VIKAS AWAST HY) '# / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI 0/ DATED 08/03/2021 VM SR. PS (O/S) 3 ITA NO.5302/MUM/2019(A.Y.2010-11) ITA NO.5304/MUM/2019(A.Y.2012-13) !*12'.* COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT 2. !* / THE RESPONDENT. 3. 3* ( )/ THE CIT(A)- 4. 3* CIT 5. 45!* . . . / DR ITAT MUMBAI 6. 56789 / GUARD FILE. BY ORDER //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT MUMBAI