ITO 23(1)(2), MUMBAI V. ASWANI ENGINEERING CO., MUMBAI

ITA 2376/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1966 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-04-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 09-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANRDAN
• Keywords: Tax effect

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI . , , BEFORE SHRI C. N. PRASAD , JM AND SHRI MANOJ KUMAR AGGARWAL , AM ./ I.T.A. NO. 2376/MUM/2014 ( / ASSESSMENT YEAR: 20 08 - 2009 ) INCOME TAX OFFICER - 23 (1) (2) C - 20 FIRST FLOOR, R.NO. 103 PRATYAKSHKAR BHAWAN BHANDRA KURLA COMPLEX BANDRA EAST MUMBAI 400 051 / VS. M/S ASHWANI ENGINEERING CO. C - 1001 LALANI RESIDENCE OPP. SURAJ WATER PARK THANE (W) MUMBAI ./ ./ PAN/GIR NO. AA A FA3529N ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI A.RAMACHANRDAN, DR / RESPONDENT BY : NONE / DATE OF HEARING : 24 /11 /2016 / DATE OF PRONOUNCEMENT : 24 / 1 1/2016 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE PRESENT APPEAL BY REVENUE FOR A SSESSMENT Y EAR [AY] 20 08 - 09 ASSAILS TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 7 [CIT(A)], MUMBAI DATED 21/01/2014 ON THE GROUND THAT CIT(A) WAS NOT JUSTIFIED IN DELETING ADDITION FOR RS.29,57,352/ - MADE BY AO ON ACCOUNT OF DISCREPANCIES IN THE AMOUNT OF SUNDRY CREDITORS. 2. AT T HE OUTSET, IT HAS BEEN BROUGHT TO OUR NOTICE THAT THIS BEING REVENUES APPEAL WHEREIN THE TAX EFFECT OF AMOUNT IN DISPUTE IS BELOW RS.10 LACS AND THE SAME IS COVERED BY LATEST 2 ITA NO. 2376/ MUM/ 2014 ITO VS. M/S.ASHWANI ENGG. CO. ASSESSMENT YEAR 2008 - 2009 CBDT CIRCULAR NUMBER 21 OF 2015 DATED 10/12/2015 . AS PER THE CIRCULAR, NEW GUIDE LINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT HAS BEEN ISSUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT MINIMUM OF RS. 10 LAKHS. IN THE SAID CIRCULAR, IT HAS BEEN SPECIFICALLY CLARIFIED THAT THE S AID INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS. THE LD. DR FAIRLY CONCEDED THE POSITION AND COULD NOT POINT OUT ANY EXCEPTIONS AS GIVEN IN THE CIRCULAR. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ARE DISMISS ED IN LIMINE . 3. IN NUTSHELL, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 4TH NOVEMBER , 201 6 SD/ - SD/ - ( C. N. PRASAD ) ( MANOJ KUMAR AGGARWAL ) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 24 .1 1 .201 6 LAXMIKANT DEKA, SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDEN T 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 3 ITA NO. 2376/ MUM/ 2014 ITO VS. M/S.ASHWANI ENGG. CO. ASSESSMENT YEAR 2008 - 2009 SR. NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATION SHEETS ARE ATTACHED SELF TYPED ON COMPUTER BY MEMBER SR.PS/PS 2 DRAFT DICTATED ON SR.PS/PS 3 DRAFT PLACED BEFORE AUTHOR SR.PS/PS 4 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 5 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 6 APPROVED DRAFT COMES TO THE SR.PS/PS 24.11.16 SR.PS/PS 7 ORDER PRONOUNCEMENT ON 24.11.16 SR.PS/PS 8 FILE SENT TO THE BENCH CLERK 25.11.16 SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE AR 11 DATE OF DISPATCH OF ORDER