INCOME TAX OFFICER 24(3)(1), MUMBAI V. SHRI NAVIN G. HOTKAR, MUMBAI

ITA 1700/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4469 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 15-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV K GUBGOTRA LD
• Keywords: Tax effect

Judgement Text

ITA.NO.1700/MUM/2018 NAVIN G.HOTKAR ASSESSMENT YEAR-2011-12 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.1700/MUM/2018 ( / ASSESSMENT YEAR:2011-12) INCOME TAX OFFICER - 24(3)(1) ROOM NO.415, 4 TH FLOOR PIRAMAL CHAMBER, PAREL MUMBAI-400 012 / VS. NAVIN G. HOTKAR 14-16, SHILPA PRASAD BUILDING LOKHANDWALA ROAD FOUR BUNGLOW, ANDHERI (W) MUMBAI- 400 053 ! ./ ./PAN/GIR NO. AAVPH-7680-Q ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : RAJEEV K. GUBGOTRA, LD. DR / DATE OF HEARING : 10/08/2018 / DATE OF PRONOUNCEMENT : 10/08/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY REVENUE FOR ASSESSMENT Y EAR [AY] 2011- 12 CONTEST THE ORDER OF LD. FIRST APPELLATE AUTHORI TY QUA DELETION OF PENALTY U/S 271(1)(C) FOR RS.16.18 LACS. NONE HAS A PPEARED FOR ASSESSEE. THEREFORE, LEFT WITH NO OPTION, WE PROCEE D TO DISPOSE-OFF THE ITA.NO.1700/MUM/2018 NAVIN G.HOTKAR ASSESSMENT YEAR-2011-12 2 SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD A ND AFTER HEARING LD. DEPARTMENTAL REPRESENTATIVE [DR], SHRI RAJEEV K.GUBGOTRA. 2. AT THE OUTSET, IT HAS BEEN NOTICED THAT THE QUAN TUM OF PENALTY UNDER DISPUTE AS AGITATED BY REVENUE IS LESS THAN PRESCRI BED LIMIT OF RS.20 LACS AND THE SAME IS COVERED BY RECENTLY ISSUED LOW TAX EFFECT CIRCULAR NO.03/2018 DATED 11/07/2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES [CBDT]. THE LD. DR, SHRI. RAJIV K. GUBGOTRA, HAS CONTROVERTED THE SAME BY SUBMITTING THAT NECESSARY INSTRUCTIONS / CERTIFI CATE, IN THIS REGARD, WOULD BE REQUIRED FROM HIGHER AUTHORITIES. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE QUANTUM OF PENALTY UNDER DISPUTE IS BELOW PRESCRIBED LIMIT OF RS.20 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISS UED BY CBDT WHEREIN THE MINIMUM MONETARY LIMIT FOR FILING THE A PPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE BEEN FIXED AS UNDER:- S. NO. APPEALS/ SLPS IN INCOME - TAX MATTERS MONETARY LIMIT (RS.) 1 BEFORE APPELLATE TRIBUNAL 20.00,000 2 BEFORE HIGH COURT 50.00,000 3 BEFORE SUPREME COURT 1,00.00,000 THE AFORESAID LIMITS, AS PER PARA 13 OF THE CIRCULAR APPLIES TO PENDING APPEALS ALSO. IN VIEW OF THE ADMITTED POSITION, WE DISMISS THE REVENUES APPEAL. 4. SO FAR AS THE CONTENTIONS RAISED BY LD. DR IS CO NCERNED, WE FIND THAT AFORESAID CIRCULAR DOES NOT ENVISAGE OBTAINING OF ANY CERTIFICATE FROM ANY AUTHORITIES, IN ANY MANNER. NEVERTHELESS, THE R EVENUE IS FREE TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER, IF AT A LATER STAGE, IT IS ITA.NO.1700/MUM/2018 NAVIN G.HOTKAR ASSESSMENT YEAR-2011-12 3 FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR. 5. THE APPEAL STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH AUGUST, 2018. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 10/08/2018 SR.PS:-THIRUMALESH ! / COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. $%!# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$ - , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI