ITO 22(1)(5), MUMBAI vs. HEERA C. GUJRANI, MUMBAI

PDF · subscribers
ITA 2247/MUM/2019Status: DisposedITAT Mumbai25 June 2020AY 2010-113 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect of the quantum additions contested by the revenue was below the monetary threshold limit of Rs. 50 Lacs. Therefore, the appeals were not maintainable as per the low tax effect circular.

What were the facts?

The revenue filed appeals against the orders of the first appellate authority for assessment years 2009-10 and 2010-11. The assessee contended that the tax effect of the additions was below the threshold limit specified in CBDT's Circular No. 17/2019.

What were the issues?

Whether the revenue's appeals are maintainable in light of the low tax effect circular issued by the CBDT, given the quantum of additions being contested.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Nitesh Joshi-Ld. AR
For Respondent: Shri Bhoopathi-Ld. DR

Heard together (2 matters)

I.T.A. No.2246/Mum/2019
I.T.A. No.2247/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI माननीय "ी महावीर िसंह, उपा"" एवं माननीय "ी मनोज कुमार अ"वाल ,लेखा सद" के सम"। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) 1. आयकर अपील सं./ (िनधा"रण वष" / Assessment Year: 2009-10) & 2. आयकर अपील सं./ (िनधा"रण वष" / Assessment Year: 2010-11) Income Tax Officer-22(1)(5) Shri Heera C. Gujrani 323 3rd Floor Piramal Chambers बनाम/ 102, 1st Floor, Shree Shakti 14th Road, Khar (West) Lal Baug Parel Vs. Mumbai - 400012 Mumbai-400 052. "थायीलेखासं./जीआइआरसं./PAN/GIR No. ACQPG-4540-D (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee by : Shri Nitesh Joshi-Ld. AR Revenue by : Shri Bhoopathi-Ld. DR सुनवाई की तारीख/ : 25/06/2020 Date of Hearing घोषणा की तारीख / : 25/06/2020 Date of Pronouncement आदेश / O R D E R Per Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeals by revenue for Assessment Years 2009-10 & 2010-11 contest separate orders of learned first appellate order both Assessment Years: 2009-10 & 2010-11 Heera C. Gujrani dated 27/12/2018, Appeal Nos. CIT(A)-34/ITO-22(1)(5)/IT-79 & 80/2016- 17.

2.

The learned counsel for assessee Shri Nitesh Joshi, at the outset, submitted that the tax effect of quantum additions being contested by the revenue under both the appeals is less than the threshold limit of Rs.50 Lacs and therefore, both the appeals are to be dismissed in view of low tax effect Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.) issued by CBDT. The computations of tax effect for both the years have been placed before the bench through email. 3. The Ld. DR could not controvert the said fact but submitted that the additions were made on account of bogus purchases on the basis of information received from Investigation Wing of the Department. 4. Upon careful consideration of case records, we concur with Ld. AR’s submissions that the tax effect of quantum additions being contested by the Revenue for both the years is, prima-facie, below threshold monetary limit of Rs.50 Lacs and the appeals are not maintainable in terms of recently issued low tax effect Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.) issued by CBDT. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. In view of the same, both the appeals are not maintainable. No exception could be pointed out. The investigation arm of the Income Tax Department is an internal organ of the department and therefore, the same would not fall under the category of external sources in the nature of law enforcement agencies as envisaged by clause 10(e) of the said circular.

Recent GST High Court judgments

Search GST case law →