ITO 9(1)(1), MUMBAI V. ABODE BUILDERS & DEVELOPERS P.LTD, MUMBAI

ITA 1274/MUM/2012

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4368 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 5 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 23-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HIMANSHU SHARMA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'L' BENCH, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO. 1274/MUM/2012 (ASSESSMENT YEAR: 2008-09) INCOME TAX OFFICER - 9(1)(1) ROOM NO. 226, 2ND FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 VS. M/S. ABODE BUILDERS & DEVELOPERS P. LTD. 114A, VEENA BEENA SHOPPING CENTRE, GURUNANAK ROAD BANDRA (W), MUMBAI 400050 PAN AADCA2191C APPELLANT RESPONDENT APPELLANT BY: SHRI HIMANSHU SHARMA RESPONDENT BY: NONE DATE OF HEARING: 03.08.2018 DATE OF PRONOUNCEMENT: 03.08.2018 O R D E R PER G.S. PANNU, AM THE CAPTIONED APPEAL FILED BY THE REVENUE PERTAININ G TO A.Y. 2008-09 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)- 19, MUMBAI WHICH IN TURN ARISES OUT OF THE ORDER PASSED BY THE ASSESSIN G OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER 'TH E ACT'). 2. THE CBDT, VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 , HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEP ARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF ` 20 LAKHS SPECIFIED IN THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). 3. IN THIS BACKGROUND, THE LEARNED D.R. APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTECTED B Y ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA). ITA NO. 1274/MUM/2012 M/S. ABODE BUILDERS & DEVELOPERS P. LTD. 2 4. WITHOUT GOING INTO THE MERIT OF THE ISSUE RAISED, THE CAPTIONED APPEALS ARE DEEMED TO BE WITHDRAWN/NOT PRESSED AS I TS FILING IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BEFORE PARTING WE MAY CLARIFY THAT IF ON A LATER DATE, THE REVENUE FINDS THAT FILING OF THE APPEAL IS PROTECTED BY THE EXCEPTIONS PROVID ED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA), IT SHALL BE AT LIBERTY TO AP PROACH THE TRIBUNAL FOR RECALL OF THE ORDER AND REINSTITUTION OF THE APPEAL FOR ADJUDICATION ON MERITS. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATIO N, IF ANY, AS PER THE EXTANT LAW. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DIS MISSED AS WITHDRAWN/ NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING ON 3 RD AUGUST, 2018. SD/ - SD/ - (PAWAN SINGH) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 3 RD AUGUST, 2018 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -19, MUMBAI 4. THE CIT - 9, MUMBAI 5. THE DR, L BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.