ACIT 17 (3), MUMBAI V. SANDEEP STEELS, MUMBAI

ITA 1648/MUM/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9891 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 09-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

P A G E | 1 ITA NO. 1648/MUM/2017 A.Y 2009 - 10 ACIT - 17(3) VS. M/S SANDEEP STEELS IN THE INCOME TAX APPELLATE TRIBUNAL ' G ' BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 1648 /MUM/2017 (ASSESSMENT YEAR: 2009 - 10 ) ACIT - 17(3) ROOM NO. 137, 1 ST FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI - 400 020 VS. M/S SANDEEP STEELS, 511, ASIRWAD BUILDING, AHMEDABAD STREET, MUMBAI - 400009 PAN ABAFS1100J REVENUE ASSESSEE REVENUE BY: SHRI NISHANT SAMAIYA, D.R ASSESSEE BY: NONE DATE OF HEARING: 26 .09.2018 DATE OF PRONOUNCEMENT: 2 6 .09.2018 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL FILED BY THE REVENUE PE RTAINING TO ASSESSMENT YEAR 2009 - 10 IS DIRECTED AGAINS T THE ORDER PASSED BY CIT(A) - 28, MUMBAI, DATED 08.12 .2016 , WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), DATED 23.02 .2015 . 2. ON A PERUSAL OF THE RECORD, IT STOOD REVEALED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LACS. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) ON BEING CONFRONTED, DID NOT CONTROVERT THE SAID FACTUAL POSITION. 3. WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW THE MONETARY LIMIT OF P A G E | 2 ITA NO. 1648/MUM/2017 A.Y 2009 - 10 ACIT - 17(3) VS. M/S SANDEEP STEELS RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, THEREFORE, THE SAM E IS DISMISSED AS NOT MAINTAINABLE. 4 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRON OUNCED IN THE OPEN COURT ON 2 6 .09.2018 S D / - S D / - ( B.R.BASKARAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 26 .09 .2018 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 1648/MUM/2017 A.Y 2009 - 10 ACIT - 17(3) VS. M/S SANDEEP STEELS