DCIT CIR-9(2)(1), MUMBAI V. CANBARA INDUSTRIES PVT LTD, MUMBAI

ITA 1452/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5937 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 11-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MALIKARJUN UTTURE
• Keywords: Tax effect
• Section: 271(1)(c); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 1452/MUM/2019 ( ASSESSMENT YEARS: 2010-11 ) DCIT CIR-9(2)(1) R.NO. 65A, 2 ND FLOOR, AYAKAR BHAVAN, CHURCHGATE. MUMBAI. / VS. CANBARA INDUSTRIES PVT LTD ANDHERI KURLA ROAD, ANDHERI (E), MUMBAI, PIN-400059 ./ ./ PAN/GIR NO. : AADCC6519J ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI MALIKARJUN UTTURE, DR / RESPONDENT BY : NONE / DATE OF HEARING 28/09/2020 !'# / DATE OF PRONOUNCEMENT 29/09/2020 / O R D E R PER PAVAN KUMAR GADALE - JM: 1. THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF CIT(A)-16, MUMBAI PASSED U/S 271(1)(C) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENCH THE TAX EFFECT IN THE APPEAL IS BELOW RS.50 LAKHS, THEREFORE COVERED BY CBDT ITA NO . 1452/MUM/2019 CANBARA INDUSTRIES PVT LTD., MUMBAI. - 2 - CIRCULAR NO. 17/2019. WE FIND AS PER THE CBDT CIRCULAR DATED 08.08.2019; NO APPEAL SHALL BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS. 50 LAKHS. IN THE PRESENT CASE, THE A.O HAS LEVIED PENALTY U/S 271(1)(C) OF THE ACT VID E ORDER DATED 24-03-2017 OF RS.6,95,600/-, WHICH IS NOT DISPUTED AND THE LD CIT(A) HAS GRANTED THE RELIEF. FURTHER THE CIRCULAR OF THE CBDT IS ALSO APPLICABLE TO THE PENDING CASES. ACCORDINGLY, WE DISMISS THE REVENUE APPEAL ON MAINTAINABILITY AND LOW TAX EFFECT. 3.INCASE, IF THE REVENUE IS ABLE TO PROVIDE EVIDENC E THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR ISSUED BY THE CBDT, THEN T HE REVENUE MAY PREFER MISCELLANEOUS APPLICATION FOR RECALLING OF THIS ORDER, IF THEY SO DESIRE, IN WHIC H CIRCUMSTANCE THIS ORDER SHALL BE RECALLED BY THIS TRIBUNAL. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ITA NO . 1452/MUM/2019 CANBARA INDUSTRIES PVT LTD., MUMBAI. - 3 - ORDER PRONOUNCED IN THE OPEN COURT ON 29.09.2020 SD/- SD- (SHAMIM YAHYA) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 29/09/2020 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI