DCIT CC 39, MUMBAI V. VALIANT GLASS WORKS P. LTD, MUMBAI

ITA 1778/MUM/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84312 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 01-12-2014
• Assessment Year: 2002-2003
• Appeal Filed On: 04-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH RANJAN PRASAD
• Keywords: Tax effect

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.1778/MUM/2011 (AY: 2002-03) THE DCIT-CC-39 ROOM NO.32(1), GROUND FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI- 400 020. ! ! ! ! / VS. M/S. VALIANT GLASS WORKS PVT. LTD. 384, M. DABHOLKARWADI 5 TH FLR., KALBADEVI RD. MUMBAI-400 002. ( #$ / // / APPELLANT) ( %&#$ / RESPONDENT) PA NO.AAACV 1224 E #$ ' ( ' ( ' ( ' ( /APPELLANT BY : SHRI RAJESH RANJAN PRASAD %&#$ ' ( ' ( ' ( ' ( /RESPONDENT BY : NONE ! ' )* / / / / DATE OF HEARING : 01/12/2014 +,- ' )* / DATE OF PRONOUNCEMENT : 01/12/2014 . . . . / / / / O R D E R PER JOGINDER SINGH (JM) : THIS APPEAL BY THE REVENUE AGAINST THE IMPUGNED ORDER DT. 6/12/2010 OF THE LD. FIRST APPELLATE AUT HORITY, MUMBAI ON THE GROUND WHETHER THE LD. COMMISSIONER O F INCOME TAX (APPEALS) WAS JUSTIFIED IN HOLDING THAT THE PRO VISIONS OF SEC. 234D OF THE INCOME TAX ACT, 1961, INSERTED W.E.F. 0 1/6/2003 WERE APPLICABLE FROM ASSESSMENT YEAR 2004-05, IGNOR ING THE ITA NO.1778/MUM/2011 VALIANT GLASS WORKS PVT. LTD. 2 DECISION IN CIT VS. KERALA CHEMICALS & PROTEINS LTD . (2010) 323 ITR 584. 2. AT THE TIME OF HEARING NOBODY WAS PRESENT FOR TH E ASSESSEE WHEREAS SHRI RAJESH RANJAN PRASAD LD. CIT -DR, DEFENDED THE CONCLUSION ARRIVED AT IN THE ASSESSMEN T ORDER BY ADVANCING HIS ARGUMENT WHICH ARE IDENTICAL TO THE G ROUND RAISED. 2.1 WE FIND THAT REGISTERED A.D. NOTICE WAS ISSUED AND SERVED UPON THE ASSESSEE, INSPITE OF THAT THE ASSES SEE DID NOT TURN UP, THEREFORE, WE HAVE NO OPTION BUT TO PROCEE D EX-PARTE, QUA THE ASSESSEE AND DISPOSE OF THIS APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. THE BENCH ASKED THE L D. CIT-DR REGARDING INVOLVEMENT OF TAX EFFECT IN THE APPEAL F ILED BY THE DEPARTMENT. THE LD. CIT-DR FAIRLY AGREED THAT THE T AX EFFECT IS BELOW PRESCRIBED LIMIT. 2.2 WE HAVE CONSIDERED THE SUBMISSIONS MADE BY THE LD. CIT-DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . WE HAVE ALSO GONE THROUGH THE CBDT INSTRUCTION NO.5/2014 DA TED 10/7/2014 ISSUED ON 10/7/2014 F.NO.279/MISC.142/200 7- IT(PT) WHEREIN THE MONETARY LIMIT FOR FILING THE AP PEAL BEFORE THE TRIBUNAL IS RS.4.00 LACS, U/S. 260A, BEFORE THE HON 'BLE HIGH COURT RS.10.00 LACS AND BEFORE THE HON'BLE APEX COU RT THE LIMIT IS RS.25.00 LACS. UNCONTROVERTEDLY THE MONETARY LIM IT IN THE PRESENT APPEAL IS BELOW THE PRESCRIBED LIMIT, BECA USE THE ONLY GROUND RAISED BEFORE THIS TRIBUNAL IS WITH RESPECT TO SECTION 234D OF THE INCOME TAX ACT, 1961, AND NO GROUND HAS BEEN RAISED WITH RESPECT TO OTHER RELIEF LIKE DEPB, WHIL E COMPUTING THE ITA NO.1778/MUM/2011 VALIANT GLASS WORKS PVT. LTD. 3 DEDUCTION U/S. 80HHC, CONSEQUENTLY, WITHOUT GOING I NTO MUCH DELIBERATION AND CONFINING OUR-SELF TO THE ADDITION OOZING OUT OF GROUND RAISED BEFORE US, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED AS SUCH. 3. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. CIT-DR AT THE CONCLUSION OF THE HEARING ON 1 ST DAY OF DECEMBER, 2014 . . ' +,- /!0 01.12.2014 , ' 6 SD/- SD/- (SANJAY ARORA) (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; /! DATED : 1 ST DEC., 2014. !../ JV, SR. PS . . ' %)7 87-) . ' %)7 87-) . ' %)7 87-) . ' %)7 87-)/ COPY OF THE ORDER FORWARDED TO : 1. #$ / THE APPELLANT 2. %&#$ / THE RESPONDENT. 3. 9 ( ) / THE CIT, MUMBAI. 4. 9 / CIT(A)-13, MUMBAI 5. 7<6 %)! , , / DR, ITAT, MUMBAI 6. 6= > / GUARD FILE. .! .! .! .! / BY ORDER, &7) %) //TRUE COPY// ? ?? ?/ // /@ A @ A @ A @ A (DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI.