ITO 1(2)(4), MUMBAI V. PARKAR HANNIFIN INDIA P.LTD, NAVI MUMBAI

ITA 1524/MUM/2011

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7968 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 16-02-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 22-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH DESHPANDE
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J , MUMBAI BEFORE S HRI RAJESH KUMAR (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 1524/MUM/2011 ASSESSMENT Y EAR: 2003 - 2004 THE D.C.I.T. 1(2 ) , R. NO. 535 , 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 VS. M/S PARKAR HANNIFIN INDIA P LTD., PLOT EL - 26, MIDC, TTC INDUSTRIAL AREA, MAHAPE, NAVI MUMBAI - 400709 PAN: AAACP6820G (APPELLANT) (RESPONDENT) REVENUE BY : SHRI SAURABH DESH PANDE (DR) ASSESSEE BY : SHRI NITESH JOSHI ( A R ) DATE OF HEARING: 20 /08 /201 9 DATE OF PRONOUNCEMENT: 21 / 0 8 /201 9 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER DATED 22.12.2010 PASSED BY THE COMMISSIONER OF IN COME TAX (APPEALS) - 15 (FOR SHORT THE CIT(A) , MUMBAI, FOR THE ASSESSMENT YEAR 2003 - 04 , WHEREBY THE LD. CIT(A) HAS ALLOWED T HE APPEAL FILED BY THE ASSESSEE AGAINST THE PENALTY ORDER PASSED U/S 271 (1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT). 2 . AGGRIEVED BY THE ORDER OF LD. CIT (APPEAL S ), THE REVENUE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL ON THE FOLLOWING EFFECTIVE GROUNDS : - 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT (A) ERRED IN DIRECTING TO DELETE PENALTY U/S 271 (1) (C) OF RS. 15,51,027/ - . 2 ITA NO. 1524 / MUM/2011 ASSESSMENT YEAR: 2003 - 04 1.1 THE CIT (A) HAS FURTHER ERRED IN OVERLOOKING THE FACT THAT THE CLAIM OF RS. 21,59,558/ - . 3 . AT THE OUTSET, THE LD. COUNSEL FOR THE RESPONDENT/ASSESSEE POINTED OUT THAT THE TAX EFFECT OF THE RELIEF GRA NTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 5 0 LACS AND AS PER CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) , DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA , THE CBDT HAS REVI SED THE MONETARY LIMIT FOR FILING APPEAL S BEFORE THE ITAT FROM THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS . IN THE LIGHT OF THE AFORESAID FACTS, THE LD. COUNSEL SUBMITTED THAT THIS APPEAL IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED. 4. THE LD. DE PARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED THAT TH IS APPEAL IS NOT MAINTAINABLE IN LIGHT OF THE AFORESAID CIRCULAR ISSUED BY THE CBDT. THE LD. DR ALSO DID NOT POINT OUT THAT TH IS APPEAL FALL S IN ANY OF THE EXCEPTIONS CARVED OUT IN THE ABOVE SAID CIRCUL AR. 5. WE HAVE GONE THROUGH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF APPEALS. WE FIND THAT THE TAX EFFEC T IN THE ABOVE REFERRED APPEAL IS LESS THAN RS. 5 0 LACS. ACCORDINGLY, W E DISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE/WITHDRAWN . IN THE RESULT, APPEAL FILED BY THE REVENUE FOR ASSESSMENT YEAR 2003 - 2004 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST AUGUST , 2019 . SD/ - SD/ - ( RAJESH KUMAR ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 21 / 08 / 201 9 ALINDRA, PS 3 ITA NO. 1524 / MUM/2011 ASSESSMENT YEAR: 2003 - 04 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CI T(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI