ASST CIT (CIR) 6(2)(2), MUMBAI V. ENCARE TEXTILES & PROPERTIS P. LTD, MUMBAI

ITA 2346/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3727 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 03-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: R C TOSHNIWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 2346 /MUM/ 2017 ( ASSESSMENT YEAR :2012 - 13 ) ACIT CIT (CIR) 6(2)(2) R.NO.563, AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE, MUMBAI - 20 VS. M/S. ENCARE TEXTILES & PROPERTIES PVT. LTD., 1 ST FLOOR, KRISHNA HOUSE RAGHUVANSHI MILLS COMPOUND SENAPATI BAPAT MARG LOWER PAREL, MUMBAI 400 013 PAN/GIR NO. AABCE6834E APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CHAITANYA AN JARIA ASSESSEE BY SHRI R.C. TOSHNIWAL DATE OF HEARING 03 / 08 /2018 DATE OF PRONOUNCEMENT 13 / 08 /2018 / O R D E R PER R.C.SHARMA (A.M) : THIS IS AN APPEAL FILED BY THE REVENUE AG AINST THE ORDER OF CIT(A) 12 , MUMBAI DATED 11/0 1/2017 FOR A.Y.2012 - 13 IN THE MATTER PENALTY IMPOSED U/S.271(1)(C) OF THE INCOME TAX ACT. 2. WE HAVE HEARD L D. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIALS AVAILABLE ON THE RECORD IN RESPECT OF THE ABOVE APPEAL. IT IS OBSERVED THAT THE DEMAND/TAX EFFECT IN THE REVENUE AP PEAL IS NOT ITA NO. 2346/MUM/2017 M/S. ENCARE TEXTILES & PROPERTIES PVT. LTD., 2 EXCEEDING RS. 20 LAKH S. UNDER THE POWER VESTED BY SEC. 268A(1) OF THE I T. ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018 INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILE D BEFORE 1TAT WHERE THE DEMAND/TAX EFF ECT DOES NOT EXCEED RS. 20 LAKH S. THE CIRCULAR SPECIFICALLY MENTIONS THAT THE INSTRUCTIONS ARE APPLICABLE TO ALL PENDING APPEALS ALSO. 6 . SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRECTED BY CBDT THAT ALL THE DEP ARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 20 LA KH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7 . THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPTIONS MENTIONED IN THE SAID CBDT CIRCULA R. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APPEAL DOES NOT EXCEED THE LIMIT OF RS. 20 LA KH S AS SET OUT BY CBDT, SUCH APPEAL IS NOT MAINTAINABL E IN VIEW OF FORE GOINGS. ACCORD INGLY T H E APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHDR AWN AND HENCE INFRUCTUOUS. 8 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 / 08 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI; DATED 13 / 08 /201 8 KARUNA SR. PS ITA NO. 2346/MUM/2017 M/S. ENCARE TEXTILES & PROPERTIES PVT. LTD., 3 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/ /