ACIT-18(1), MUMBAI V. M/S.D.N.H.SPINNERS PRIVATE LIMITED, MUMBAI

ITA 1224/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3868 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 01-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI B. R. BASKARAN , AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO. 613 / MUM/ 201 8 ( / ASSESSMENT YEAR: 2009 - 10 ) DCIT - 8(2)(1) AAYAKAR BHAWAN, ROOM NO. 624, M.K. ROAD, MUMBAI - 400020 . / VS. M/S. SIEMENS LIMITED (SUCCESSOR IN INTEREST TO SIEMENS BUILDING TECHNOLOGIES PVT. LTD .) NO - 130, PANDURANG BUDHKAR MARG WORLI, MUMBAI - 400025. ./ ./ PAN/GIR NO. : AAACS 7235 A ( / APPELLANT ) .. ( / RESPONDENT ) / I .T.A. NOS. 1224 / MUM/ 201 8 ( / ASSESSMENT YEAR: 2008 - 09 ) ACIT - 18(1) ROOM NO. 202, 2 ND FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI - 400021 . / VS. M/S. D.N.H SPINNER PVT. LTD. 601, 602, 60, BUSINESS CLASSIC, CHINCHOLI BUNDER RD., MALAD (W), MUMBAI - 400064. ./ ./ PAN/GIR NO. : AADCD 5709 P ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING : 10 .0 8 .2018 / DATE OF PRONOUNCEMENT : 10 .0 8 .2018 PER BENCH : THE REVENUE HAS FILED TH E S E APPEAL S CHALLENGING THE ORDER S PASSED BY LD CIT(A) IN THE RESPECTIVE HANDS OF THE ASSESSEES AND T HEY RELATE TO THE REVENUE BY : SHRI MANOJ KUMAR (DR) ASSESSEE BY: SHRI ROHIT GOYAL REVENUE BY : SHRI MANOJ KUMAR (DR) ASSESSEE BY: SHRI RITESH JAIN 2 ASSESSMENT YEAR S MENTIONED IN THE CAPTION AGAINST THE NAME OF EACH OF THE ASSESSEES. IN ALL THESE APPEALS, T HE REVENUE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN GRANTING RELIEF TO THE RESPECTIVE ASESSEES. 2 . WE HEARD THE PARTIES . W E NOTICED THAT THE QUANTUM IN DISPUTE INVOLVED IN THESE APPEALS IS AS GIVE N BELOW AND HENCE THE TAX EFFECT INVOLVED THEREIN IS LESS THAN RS.20.00 LAKHS. SR.NO NAME OF ASSESSEE QUANTUM IN DISPUTE 1 SIEMENS LIMITED (SUCCESSOR IN INTEREST TO SIEMENS BUILDING TECHNOLOGIES PVT. LTD.) 30,48,658/ - 2 D.N.H SPINNER PVT. LTD. (ITA. NO. 1224/M/2018( 35,00,000/ - TH E CBDT HAS ISSUED A NEW CIRCULAR NO.3/2018 DATED 11.07.2018 IN SUPERSESSION OF ITS EARLIER CIRCULAR NO.21/2015 DATED 10.12.2015. ACCORDING TO THE C IRCULAR NO.3/2018 , THE REVENUE IS PRECLUDED FROM PURSUING ITS APPEAL IF THE TAX EFFECT IS RS.20.00 LAKHS OR LESS. APPARENTLY THE ISSUE IN DISPUTE DOES NOT FALL IN ANY OF THE EXCEPTIONS PROVIDED IN PARAGRAPH 10 OF THE CIRCULAR NO.3/2018, REFERRED ABOVE. THE LD D.R, HOWEVER, SOUGHT TIME TO GET A CERTIFICATE FROM THE PCIT/CIT CONCERNED THAT THE GROUNDS URGED IN THIS APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN THE SAID CIRCULAR. HOWEVER, FROM THE AVAILABLE MATERIAL, HE COULD NOT POINT OUT THAT THE ISSUE CONTESTED IN THIS A PPEAL FALL IN ANY OF THE EXCEPTIONS. 3 . WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LAKHS AND THE ISSUE CONTESTED HEREIN ALSO APPARENTLY DOES NOT FALL IN ANY OF THE EXCEPTIONS SPECIFIED IN THE CIRCULAR. ACCORDINGLY WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE . HOWEVER, THE REVENUE IS GIVEN LIBERTY TO MOVE MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER, IF IT IS FOUND THAT THE ISSUE CONTESTED IN THIS APPEAL FALLS IN ANY OF THE EXCEPTION PROVIDED IN PARAGRAP H 10 OF THE CIRCULAR. 3 4 . IN THE RESULT, ALL THE APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 .0 8.2018 . SD/ - SD/ - ( AMARJIT SINGH ) (B. R. BASKARAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 10 . 08 .2018 . V IJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// SR. PRIVATE SECRETARY , / ITAT, MUMBAI