DUMING ANTON PATIL, THANE V. ASST CWT CIR 4, THANE

CO 182/MUM/2014

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 0593 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 15-04-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 15-04-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 09-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Reopening of assessment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER WTA NOS.14 TO18/MUM/2014 ASSESSMENT YEARS: 2005-06 TO 2009-10 ASSTT. COMMISSIONER OF WEALTH TAX, CIRCLE-4,6 TH FLOOR, ASHAR IT PARK, RD. NO.16Z, WAGLE INDL. ESTATE, THANE(W)-400602 / VS. SHRI DUMING ANTON PATIL, RAJDOOT, POST GOKHIVARE, VASAI RAOD,(EAST), THANE-400401 ( ' / REVENUE) ( #$% & /ASSESSEE) P.A. NO. ABQPP8998R C.O. NOS.181 TO 185/MUM/2014 (ARISING OUT OF WTA NOS.14 TO18/MUM/2014) ASSESSMENT YEARS: 2005-06 TO 2009-10 SHRI DUMING ANTON PATIL, RAJDOOT, POST GOKHIVARE, VASAI RAOD,(EAST), THANE-400401 / VS. ASSTT. COMMISSIONER OF WEALTH TAX, CIRCLE-4,6 TH FLOOR, ASHAR IT PARK, RD. NO.16Z, WAGLE INDL. ESTATE, THANE(W)-400602 ( #$% & /ASSESSEE) ( ' / REVENUE) P.A. NO.ABQPP8998 R ' / REVENUE BY SHRI SACHIDANAND DUBEY-DR #$% & / ASSESSEE BY SHRI SUBODH RATNAPARKHI SHRI DUMING ANTON PATIL 2 ' ' ( & ) / DATE OF HEARING 15/04/2015 ( & ) / DATE OF ORDER: 15/04/2015 / O R D E R PER BENCH THE REVENUE IS AGGRIEVED BY THE CONSOLIDATED IMPUGNED ORDER DATED 11/02/2014 OF THE LD. FIRST APPELLATE AUTHORITY, MUMBAI, IN NOT ALLOWING INCLUS ION OF SEIZED CASH TO THE NET WEALTH OF THE ASSESSEE IN HI S WEALTH TAX ASSESSMENT ON THE GROUND THAT THE SAME IS NOT J USTIFIED AS THE SAME CANNOT BE TREATED AS CASH IN HAND IN VI EW OF DEFINITION IN SECTION 2(EA)(VI) OF THE WEALTH TAX A CT AND FURTHER TILL THE TIME OF SEIZURE, THE CASH WAS UNAC COUNTED AND UNEXPLAINED ON WHICH NO WEALTH TAX WAS PAID. 2. AT THE TIME OF HEARING, THE LD. DR, SHRI SACHIDANAND DUBEY, ADVANCED HIS ARGUMENTS, WHICH AR E IDENTICAL TO THE GROUND RAISED. ON THE OTHER HAND, THE LD. COUNSEL FOR THE ASSESSEE, SHRI SUBODH RATNAPARKHI, CONTENDED THAT THE TAX EFFECT IN THESE APPEALS IS B ELOW PRESCRIBED MONETARY LIMIT, THEREFORE, THE APPEALS O F THE REVENUE ARE NOT MAINTAINABLE. THE LD. DR, FAIRLY CONSENTED THAT THE MONETARY LIMIT IS BELOW PRESCRIB ED LIMIT. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW O F THE FACT THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRI BED MONETARY LIMIT AS CONTAINED IN CBDT INSTRUCTION SHRI DUMING ANTON PATIL 3 NO.3/2011 DATED 09/02/2011, FURTHER INSTRUCTION NO.5/2014 (F NO.279/MISC./142/2007-IT(PT) DATED 10/07/2014. THE CBDT REVISED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE VARIOUS AUTHORITIES/COURTS AND ADVISED/DIRECTED THE DEPARTMENT NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMITS:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE APPELLATE TRIBUNAL 4,00,000/ - 2. U/S 260 A BEFORE HIGH COURT 10,00,000/ - 3. BEFORE SUPREME COURT 25,00,000/ - AS PER THE AFORESAID INSTRUCTION, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRIBUNAL WHEREIN THE TAX EFFECT IS LESS THAN RS.4,00,000/-, CONSEQUENTLY, CONSIDERI NG THE DECISION FROM THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF PITHWA ENGINEERING WORKS (276 ITR 519) (BOM ) , THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE, THEREF ORE, IN VIEW OF THE ABOVE, THE APPEALS OF THE REVENUE ARE D ISMISSED AS NOT MAINTAINABLE. 3. NOW, WE SHALL TAKE UP THE CROSS OBJECTIONS OF TH E ASSESSEE, WHICH ARE IN CHALLENGING IN UPHOLDING THE REOPENING OF ASSESSMENT. THE LD. COUNSEL FOR THE A SSESSEE, IN VIEW OF THE ABOVE THAT THE APPEAL OF THE REVENUE ARE NOT MAINTAINABLE, DID NOT ARGUE THE CROSS OBJECTIONS, T HEREFORE, THESE ARE ALSO DISMISSED. FINALLY, THE APPEALS OF THE REVENUE AS WELL AS CROS S OBJECTIONS OF THE ASSESSEE ARE DISMISSED. SHRI DUMING ANTON PATIL 4 THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVE OF BOTH SIDES, AT TH E CONCLUSION OF HEARING ON 15/04/2015. SD/- SD/- ( B.R.BASKARAN ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER ' MUMBAI; * DATED : 15/04/2015 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,-. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. ' 1& ( +, ) / THE CIT, MUMBAI. P4. ' 1& / CIT(A)- , MUMBAI 5. 3' /&# , +,) +# 4 , ' / DR, ITAT, MUMBAI 6. 5$ 6 / GUARD FILE. / BY ORDER, 03,& /& //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ' / ITAT, MUMBAI