ACIT 3(2)(1), MUMBAI V. BHARATI S. KHANNA, MUMBAI

ITA 1695/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4391 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 10-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HIMANSHU SHARMA
• Assessee Lawyers: PRAKASH K JOTWANI
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3); 2

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. 1691/MUM/2017 (ASSESSMENT YEAR: 2012-13) A C I T 3(2)(1) ROOM NO. 608, 6TH FLOOR AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400020 VS. SHRI SHARAN P. KHANNA 105, DALAMAL TOWER 211, FREE PRESS JOURNAL MARG, NARIMAN POINT MUMBAI 400021 PAN AACPK5224G APPELLANT RESPONDENT ITA NO. 1695/MUM/2017 (ASSESSMENT YEAR: 2012-13) A C I T - 3(2)(1) ROOM NO. 608, 6TH FLOOR AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400020 VS. SHRI BHARATI S. KHANNA 105, DALAMAL TOWER 211, FREE PRESS JOURNAL MARG NARIMAN POINT MUMBAI 400021 PAN AACPK5223B APPELLANT RESPONDENT APPELLANT BY: SHRI HIMANSHU SHARMA RESPONDENT BY: SHRI PRAKASH K. JOTWANI DATE OF HEARING: 03.08.2018 DATE OF PRONOUNCEMENT: 03.08.2018 O R D E R PER G.S. PANNU, AM THESE CAPTIONED APPEALS, IN THE CASE OF DIFFERENT A SSESSEES, FILED BY THE REVENUE PERTAINING TO A.Y. 2012-13 ARE DIRECTED AGAINST THE SEPARATE ORDERS PASSED BY THE CIT(A)-8, MUMBAI DATED 28.11.1 016 & 18 . 11.2016 WHICH IN TURN ARISE OUT OF THE ORDERS PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINA FTER 'THE ACT') DATED 31.03.2015 & 06.04.2015, RESPECTIVELY. ITA NOS. 1691 & 1695/MUM/2017 SHARAN P. KHANNA & BHARATI S. KHANNA 2 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). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUE RAISED, THE CAPTIONED APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS IT S 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 THESE APPEALS ARE PROTECTED BY THE EXCEPTIONS PR OVIDED 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 S 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 APPEALS OF THE REVENUE ARE D ISMISSED 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 ITA NOS. 1691 & 1695/MUM/2017 SHARAN P. KHANNA & BHARATI S. KHANNA 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -8, MUMBAI 4. THE CIT - 3, MUMBAI 5. THE DR, L BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.