ASST CIT 24 (1), MUMBAI v. SHRI. GOVIND G AGARWAL, MUMBAI

ITA 6880/MUM/2019 | 2006-2007
Pronouncement Date: 18-05-2021 | Result: Dismissed

Appeal Details

RSA Number 688019914 RSA 2019
Assessee PAN ADOPA4038K
Bench Mumbai
Appeal Number ITA 6880/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 10 day(s)
Appellant ASST CIT 24 (1), MUMBAI
Respondent SHRI. GOVIND G AGARWAL, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 18-05-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 18-05-2021
Last Hearing Date 18-05-2021
First Hearing Date 18-05-2021
Assessment Year 2006-2007
Appeal Filed On 08-11-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH MUMBAI BEFORE SHRI S. RIFA UR RAHMAN ACCOUNTANT MEMBER AND SHRI PAWAN KUMAR GADALE JUDICIAL MEMBER IT A NO. 6880 /MUM./2019 ( ASSESSMENT YEAR : 20 06 07 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 24(1) MUMBAI . APPELLANT V/S SHRI GOVIND G. AGARWAL 6 TH FLOOR A WING AURUS CHAMBERS S.S. AAMRUTWAR MARG BEHIND MAHINDRA TOWERS WORLI MUMBAI 400 013 PAN ADOPA4038K . RESPONDENT ASSESSEE BY : SHRI T.S. KHALSA REVENUE BY : SHRI MAHAVIN JAIN DATE OF HEARING 18 .0 5 .202 1 DATE OF ORDER 18.05.2021 O R D E R PER S. RIFAUR RAHMAN A.M. THE REVENUE HAS FILED THE PRESENT APPEAL CHALLENGING THE ORDER DATED 26 TH AUGUST 2019 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 36 MUMBAI PERTAINING TO THE ASSESSMENT YEAR 2006 07. 2. AT THE OUTSET THE LEANED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENU E IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH APPLICABLE TO APPEALS 2 SHRI GOVIND G. AGARWAL BEFORE THE TRIBUNAL AS PER CBDT CIRCULAR NO.17 OF 2019 DATED 8 TH AUGUST 2019. FURTHER HE SUBMITTED NONE OF THE EXCEPTIONS PROVIDED IN CBDT CIRCULAR NO.3 OF 2018 DATED 11 TH JULY 2 018 R/W CIRCULAR F. NO.279/MISC./142/2007 ITJ (PT) DATED 20 TH AUGUST 2018 WOULD APPLY TO REVENUES APPEAL. THUS THE COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE REVENUES APPEAL BEING COVERED UNDER THE AFORESAID CIRCULARS IS NOT MAINTAINABLE. 3. THE LEARNE D DEPARTMENTAL REPRESENTATIVE AGREED THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IS BELOW THE MONETARY LIMIT OF ` .50 LAKH. 4. HAVING CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD WE ARE OF THE VIEW THAT THE TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEAL IS BELOW THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER CBDT CIRCULAR NO.17/2019 DAT ED 8 TH AUGUST 2019 R/W CBDT CIRCULAR NO.3/2018 DATED 11 TH JULY 2018. IT ALSO STANDS CLARIFIED BY THE CBDT THAT THE REVISED MONETARY LIMIT OF ` 50 LAKH AS PER THE AFORESAID CBDT CIRCULARS WOULD ALSO APPLY TO ALL PENDING APPEALS. IN VIEW OF THE AFORESAID REVENUES APPEAL DESERVES TO BE DISMISSED. 3 SHRI GOVIND G. AGARWAL 5. IN THE RESULT REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.05.2021 SD/ - PAWAN KUMAR GADALE JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI DATED: 18.05.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT MUMBAI CITY CONCERNED; (5) THE DR ITAT MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT MUMBAI