ACIT-11(1)(2), MUMBAI V. M/S. SARJU INTERNATIONAL LTD, MUMBAI

ITA 1742/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4453 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2012-2013
• Appeal Filed On: 16-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUM
• Keywords: Tax effect

Judgement Text

ITA.NOS.1742,1743 & 1748/MUM/2018 SARJU INTERNATIONAL LIMITED ASSESSMENT YEARS-2012-13 TO 2014-15 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.1742/MUM/2018 ( / ASSESSMENT YEAR:2012-13) ASSISTANT COMMISSIONER OF INCOME TAX-11(1)(2) ROOM NO.1,GROUND FLOOR AAYKAR BHAVAN, M.K.ROAD MUMBAI-400 020 / VS. SARJU INTERNATIONAL LIMITED SARJU HOUSE, 90, MIDC 7 TH STREET, ANDHERI (E) MUMBAI- 400 032 ! ./ ./PAN/GIR NO. AADCS-9249-K ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) & ./I.T.A. NO.1743/MUM/2018 ( / ASSESSMENT YEAR:2014-15) ASSISTANT COMMISSIONER OF INCOME TAX-11(1)(2) ROOM NO.1,GROUND FLOOR AAYKAR BHAVAN, M.K.ROAD MUMBAI-400 020 / VS. SARJU INTERNATIONAL LIMITED SARJU HOUSE, 90, MIDC 7 TH STREET, ANDHERI (E) MUMBAI- 400 032 ! ./ ./PAN/GIR NO. AADCS-9249-K ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) & ./I.T.A. NO.1748/MUM/2018 ( / ASSESSMENT YEAR:2013-14) ASSISTANT COMMISSIONER OF INCOME TAX-11(1)(2) ROOM NO.1,GROUND FLOOR AAYKAR BHAVAN, M.K.ROAD MUMBAI-400 020 / VS. SARJU INTERNATIONAL LIMITED SARJU HOUSE, 90, MIDC 7 TH STREET, ANDHERI (E) MUMBAI- 400 032 ! ./ ./PAN/GIR NO. AADCS-9249-K ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : RAJEEV K. GUBGOTRA, LD. DR ITA.NOS.1742,1743 & 1748/MUM/2018 SARJU INTERNATIONAL LIMITED ASSESSMENT YEARS-2012-13 TO 2014-15 2 / DATE OF HEARING : 10/08/2018 / DATE OF PRONOUNCEMENT : 10/08/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEALS BY REVENUE FOR ASSESSMENT YEAR S [AY] 2012-13 TO 2014-15 CONTESTS SEPARATE ORDERS OF LD. FIRST AP PELLATE AUTHORITY QUA CERTAIN RELIEF PROVIDED TO THE ASSESSEE. SINCE COMM ON ISSUES ARE INVOLVED, WE DISPOSE-OFF THE SAME BY WAY OF THIS CO MMON ORDER FOR THE SAKE OF CONVENIENCE & BREVITY. NONE HAS APPEARED FO R ASSESSEE. THEREFORE, LEFT WITH NO OPTION, WE PROCEED TO DISPO SE-OFF THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEA RING LD. DEPARTMENTAL REPRESENTATIVE [DR], SHRI RAJEEV K.GUBGOTRA. 2. AT THE OUTSET, IT HAS BEEN NOTICED THAT THE TAX EFFECT OF THE QUANTUM ADDITIONS IN EACH OF THESE AYS AS CONTESTED BY THE REVENUE IS LESS THAN PRESCRIBED LIMIT OF RS.20 LACS AND THE SAME IS COVE RED 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 NECES SARY INSTRUCTIONS / CERTIFICATE, IN THIS REGARD, WOULD B E REQUIRED FROM HIGHER AUTHORITIES. 3. WE HAVE GONE THROUGH THE CIRCULAR AND FIND THAT THE TAX EFFECT OF QUANTUM IN DISPUTE IN EACH OF THE AYS IS BELOW PRES CRIBED LIMIT OF RS.20 LACS AND THE ASSESSEE STOOD BENEFITTED BY THE ABOVE CIRCULAR ISSUED BY ITA.NOS.1742,1743 & 1748/MUM/2018 SARJU INTERNATIONAL LIMITED ASSESSMENT YEARS-2012-13 TO 2014-15 3 CBDT WHEREIN THE MINIMUM MONETARY LIMIT FOR FILING THE APPEALS BEFORE VARIOUS APPELLATE AUTHORITIES HAVE BEEN FIXED AS UN DER:- S. NO. APPEALS/ SLPS IN INCOME - TAX MATTERS MONETARY LIMIT (R S.) 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 FOR ALL THESE AYS. 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 FOUND THAT THE MATTER IS COVERED BY ANY EXCEPTIONS PROVIDED IN THE AFORESAID CIRCULAR OR IN CASE THE TAX EFFECT OF THE QUANTUM ADDITIONS AS AGITATED BY REVENUE EXCEEDS THE PRESCRIBED MONETARY LIMIT IN ANY OF THE AYS. 5. ALL THE APPEALS 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 ITA.NOS.1742,1743 & 1748/MUM/2018 SARJU INTERNATIONAL LIMITED ASSESSMENT YEARS-2012-13 TO 2014-15 4 ! / 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