ASST CIT 1(3)(1), MUMBAI V. RAMAN AND WEIL P. LTD, MUMBAI

ITA 1922/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3729 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2005-2006
• Appeal Filed On: 17-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: JAYSHREE TALSANI
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 1922 /MUM/ 2017 ( ASSESSMENT YEAR : 2005 - 06 ) ITA NO.1923/MUM/2017 ( ASSESSMENT YEAR : 2011 - 12 ) ITA NO.1924/MUM/2017 ( ASSESSMENT YEAR : 2010 - 11 ) ITA NO.1956/MUM/2017 ( ASSESSMENT YEAR : 2009 - 10 ) ACIT 1(3)(1), ROOM NO. 540, 5TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 VS. M/S. RAMAN AND WEIL PVT. LTD., 15, CHETAU MARINE, B - ROAD, CHURCHGATE, MUMBAI - 400 020 PAN/GIR NO. AAACR5065M APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CHAITANYA ANJARIA ASSESSEE BY SHRI JAYSHREE TALSANI DATE OF HEARING 03 / 08 /2018 DATE OF PRONOUNCEMENT 13 / 08 /2018 / O R D E R PER R.C.SHARMA (A.M) : THESE ARE THE APPEALS FILED BY THE REVENUE AG AINST THE ORDER OF CIT(A) 3 , MUMBAI DATED 1 3/12 /201 6 FOR A.Y. 2005 - 06,2009 - 10, 2010 - 2011 & 2011 - 12 IN THE MATTER OF ORDER PASSED U/S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961. ITA NO. 1922 TO 1924/MUM/2016 & 1956/MUM/2017 M/S. RAMAN AND WEIL PVT. LTD., 2 2. WE HAVE HEARD LD. DEPARTMEN TAL REPRESENTATIVE AND PERUSED THE MATERIALS AVAILABLE ON THE RECORD IN RESPECT OF THE ABOVE APPEAL S . IT IS OBSERVED THAT THE DEMAND/TAX EFFECT IN THE REVENUE APPEAL S IS NOT EXCEEDING RS. 20 LA KH S. UNDER THE POWER VESTED BY SEC. 268A(1) OF THE I T. ACT, CB DT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018 INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL S SHOULD NOT BE FILED BEFORE 1TAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS. 20 LA KH S. THE CIRCULAR SPECIFICALLY MENTIONS THAT TH E INSTRUCTIONS ARE APPLICABLE TO ALL PENDING APPEALS ALSO. 6. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRECTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAN D/TAX EFFECT IS LESS THAN 20 LAKH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7. THE PRESENT APPEAL S ARE NOT COVERED BY ANY EXCEPTIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THESE DEPARTMENTAL APPEAL S DO ES NO T EXCEED THE LIMIT OF RS. 20 LAKH S AS SET OU T BY CBDT, SUCH APPEAL S ARE NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY THE APPEAL S OF THE DEPARTMENT ARE DISMISSED AS NOT PRESSED/WITHDRAWN AND HENCE INFRUCTUOUS. ITA NO. 1922 TO 1924/MUM/2016 & 1956/MUM/2017 M/S. RAMAN AND WEIL PVT. LTD., 3 8. IN THE RESULT, THE APPEAL S OF REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 / 0 8 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 13 / 08 /201 8 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//