The ITO,Vapi Ward-2, Vapi V. M/s. Honey (India) Corporation - Div.II, U.T. OF DADRA & NAGAR HAVELI

ITA 1395/AHD/2011

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 2229 (ITAT-SURAT)
• Duration Of Justice: 7 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-08-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 13-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P S CHOWDHARY
• Keywords: Audit objection; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . / ITA NO.1394/AHD/2011/SRT / ASSESSMENT YEAR: 2008-09 INCOME TAX OFFICER, VAPI WARD-2, VAPI. VS. M/S. HONEY (INDIA) CORPORATION DIV-I, A-1, SURVEY NO.215/3, DADRA (D&NH) [PAN: AADFH 6989G] ( / APPELLANT) ( !' /RESPONDENT) . / ITA NO.1395/AHD/2011/SRT / ASSESSMENT YEAR: 2008-09 INCOME TAX OFFICER, VAPI WARD-2, VAPI. VS. M/S. HONEY (INDIA) CORPORATION DIV-II, A-2, SURVEY NO.215/3, DADRA CHECK POST, DADRA SILVASA. [PAN: AADFH 7002A] / ASSESSEE BY : WRITTEN SUBMISSION /REVENUE BY : SHRI P.S. CHOWDHARY, SR. D.R /DATE OF HEARING : 06-09-2018 / DATE OF PRONOUNCEMENT : 06-09-2018 / ORDER PER BENCH: THESE TWO APPEALS HAVE BEEN FILED BY THE REVENUE AG AINST THE COMMON ORDER OF COMMISSIONER OF INCOME TAX (APPEALS ), VALSAD 2 ITA NOS.1394 & 1395/AHD/2011/SRT (A.Y: 2008-09) M/S. HONEY (INDIA) CORPORATION DIV-I & DIV-II (CIT(A) FOR SHORT) DATED 25.02.2011 FOR THE ASSES SMENT YEAR (A.Y) 2008- 09. 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E (DR) AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND FIND T HAT TAX EFFECT INVOLVED IN THESE APPEALS ARE BELOW RS. 20 LAKHS. THE LD. DR ALSO DID NOT DISPUTE THIS FACT. WE FIND THAT THE CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 [F.NO.279/MISC.142/2007-ITJ (PT)] HAS RE VISED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE TRIBUNAL FIXING THE TAX EFFECT LIMIT AT RS.20 LACS. THE SAID CIRCULAR SUPERSEDES THE EARLIER CIRC ULAR(S) ISSUED ON THE SUBJECT OF TAX EFFECT AND APPLIES TO ALL PENDING AP PEAL RETROSPECTIVELY. THE BOARD HAS PROVIDED EXCEPTIONS PROVIDED UNDER PARA 1 0 OF THE CIRCULAR WHEREIN IT HAS BEEN PROVIDED THAT THE ISSUES RELATE D IS TO BE CONTESTED (A) WHERE THE CONSTITUTION VALIDITY OF THE PROVISION OF THE ACT OR (B) RULE IS UNDER CHALLENGE OR (C) WHERE BOARD`S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES , OR WHERE REVENUE AUDIT OBJECTIONS HAS BEEN ACCEPTED BY THE DEPARTMENT OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. 3. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITH IN THE EXCEPTIONS CLAUSE AND THE TAX DEMAND IS LESS THAN RS.20 LACS. THEREFORE, THE PRESENT APPEALS ARE NOT MAINTAINABLE AS PER RECENT CIRCULAR (SUPRA) AND HENCE THE SAME ARE DISMISSED. HOWEVER, WE MAY MAKE IT CLEAR T HAT THE REVENUE IS 3 ITA NOS.1394 & 1395/AHD/2011/SRT (A.Y: 2008-09) M/S. HONEY (INDIA) CORPORATION DIV-I & DIV-II AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING T HIS ORDER, IF IT COMES TO THE NOTICE OF THE ASSESSING OFFICER THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED UNDER CIRCULAR OR REVENUE `S CASE FALLS WITHIN THE AMBIT OF THE EXCEPTIONS PROVIDED IN THE CIRCULA R. 4. IN THE RESULT, BOTH THE APPEALS OF THE REV ENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 0 6 TH SEPTEMBER, 2018. SD/- SD/- ( ) (O.P.MEENA), /ACCOUNTANT MEMBER ( ) (C.M.GARG) / JUDICIAL MEMBER / SURAT; DATED : 06 TH SEPTEMBER, 2018 / EDN ! $ / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. # ( ) / THE CONCERNED CIT(A); 4. THE CONCERNED PRL. CIT; 5. , , / DR, ITAT, SURAT; 6. / GUARD FILE.