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[Cites 1, Cited by 8]

Income Tax Appellate Tribunal - Mumbai

The Dcit Cc-6(3), Mumbai vs M/S. Marathon Realty Private Limited, ... on 23 August, 2019

                                                                                                        P a g e |1
                                                                                 ITA No. 5785/Mum/2017 A.Y. 2014-15
                                               Dy. Commissioner of Income Tax,CC-6(3) Vs. M/s Marathan Realty Pvt. Ltd.



            IN THE INCOME TAX APPELLATE TRIBUNAL
                      "D" Bench, Mumbai
                Before Shri Ravish Sood, Judicial Member
                and Shri N.K. Pradhan, Accountant Member

                      ITA No.5785/Mum/2017
                     (Assessment Year: 2014-15)

Deputy Commisioner of Income            M/s Marathan Realty Pvt. Ltd.
Tax, Central Circle-6(3),               Marathan House, 702,
Room No. 1926, 19th Floor,              Marathan Max,
Air India Building,          Vs.        Mulund Goregaon Link Road,
Nariman Point,                          Mulund (West)
Mumbai- 400021                          Mumbai - 400080

PAN - AAACM3361R

Appellant                               Respondent

                  Appellant by:      Shri Jim Son, D.R
                  Respondent by:     Shri Suhas Kulkarni, Sr. A.R
                  Date of Hearing:            23.08.2019
                  Date of Pronouncement:      23.08.2019

                                  ORDER

PER RAVISH SOOD, JM

The captioned appeal filed by the Revenue is directed against the order passed by the CIT(A)-54, Mumbai, dated 28.06.2017, which in turn arises from the assessment order passed by the A.O under Sec.143(3) of the Income Tax Act, 1961 (for short 'Act'), dated 28.03.2016.

2. We find that the 'tax effect' involved in the present appeal filed by the revenue is less than Rs.50 lacs. On the basis of the aforesaid fact, the appeal filed by the revenue as per the monetary limits revised by the CBDT vide its Circular No. 17/2019, dated 08.08.2019 is found to be not maintainable.

3. The ld. Departmental Representative (for short 'D.R') on being confronted did not controvert the fact that the 'tax effect' involved in the captioned appeal of the revenue is much below the revised monetary limit P a g e |2 ITA No. 5785/Mum/2017 A.Y. 2014-15 Dy. Commissioner of Income Tax,CC-6(3) Vs. M/s Marathan Realty Pvt. Ltd.

for filing of appeals by the department before the Tribunal as provided in its Circular No. 17/2019, dated 08.08.2019.

4. As the 'tax effect' in dispute in the captioned appeal is admittedly below the monetary limit of Rs.50 lacs specified in the CBDT Circular No. 17/2019, dated 08.08.2019, therefore, the same not being maintainable is dismissed.

5. In the result, the appeal of the revenue is dismissed.

Order pronounced in the open court on 23.08.2019 Sd/- Sd/-

        (N.K. Pradhan)                                        (Ravish Sood)
 ACCOUNTANT MEMBER                                          JUDICIAL MEMBER
भुंफई Mumbai; ददन ुंक      23.08.2019
PS. Rohit




आदे श की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to :

1. अऩीर थी / The Appellant
2. प्रत्मथी / The Respondent.
3. आमकय आमक्त(अऩीर) / The CIT(A)-
4. आमकय आमक्त / CIT
5. विब गीम प्रतततनधध, आमकय अऩीरीम अधधकयण, भुंफई / DR, ITAT, Mumbai
6. ग र्ड प ईर / Guard file.

सत्म वऩत प्रतत //True Copy// आदे शानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीऱीय अधिकरण, भुंफई / ITAT, Mumbai P a g e |3 ITA No. 5785/Mum/2017 A.Y. 2014-15 Dy. Commissioner of Income Tax,CC-6(3) Vs. M/s Marathan Realty Pvt. Ltd.