ITO 13(2)(3), MUMBAI V. SHRAMIK MULTITRADE P.LTD, MUMBAI

ITA 2528/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1334 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2012-2013
• Appeal Filed On: 07-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A MOHAN DR
• Assessee Lawyers: AJAY R SINGH
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, J MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA NO.2528/MUM/2017 ASSESSMENT YEAR: 2012-13 INCOME TAX OFFICER-13(2)(3), 1 ST FLOOR, ROOM NO.146B, AAYKAR BHAVAN, M.K. ROAD, MUMBAI-400020 / VS. M/S SHRAMIK MULTITRADE PVT. LTD. 36, SHRI NAMAN PLAZA, BEHIND SHOPPERS STOP, KANDIVALI, MUMBAI-400067 ( !'# $ /ASSESSEE) ( / REVENUE) PAN. NO . AAGCS5770C % & $ ' / DATE OF HEARING : 21/08/2018 & $ ' / DATE OF ORDER: 21/08/2018 ! / REVENUE BY SHRI A. MOHAN- DR !'# $ ! / ASSESSEE BY SHRI AJAY R SINGH ITA NO.2528/MUM/2017 M/S SHRAMIK MULTITRADE PVT. LTD. 2 / O R D E R PER JOGINDER SINGH(JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 23/01/2017 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, DELETING THE ADDITION OF RS.42,12,226/- ON ACCOUNT OF SUPPRESSED GROSS PROFIT NOT REALIZING THAT EVEN FOR WARD CONTRACTS ARE GOVERNED BY PRICE BAND OF COMMODITIES AND ARE LISTED ON THE COMMODITY EXCHANGE. 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, S HRI AJAY R. SINGH, LD. COUNSEL FOR THE ASSESSEE, POINTE D OUT THAT THE TAX EFFECT IN THE PRESENT APPEAL, FILED BY THE REVENUE, IS BELOW PRESCRIBED MONETARY LIMIT OF RS.20 LAKHS AS T HE ADDITION MADE/CHALLENGED IS FOR RS.42,12,266/- ON W HICH THE TAX EFFECT COMES TO RS.12,63,679/-. THE LD. DR, SHR I A. MOHAN, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.20 LAKHS, AS PROVIDED VIDE INSTRUCTION/CIRCULAR NO.3 OF 2018, ISSUED BY CBDT ( F NO.279/MISC./142/ 2007-ITJ(PT) DATED 11/07/2018. A S PER ITA NO.2528/MUM/2017 M/S SHRAMIK MULTITRADE PVT. LTD. 3 THE CIRCULAR, WHEREIN, THE DEPARTMENT WAS ADVISED/D IRECTED BY THE BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT .:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 20,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 50,00,000/ - 3. BEFORE HONBLE SUPREME COURT 1,00,00,000/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.20,00,000/- (NOT CONTROVERTED BY LD. D R ALSO), CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAIN TAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF HEARING ON 21/08/2018. SD/- SD/- ( MANOJ KUMAR AGGARWAL ) (JOGINDER SINGH) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER % MUMBAI; ) DATED :21/08/2018 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT (RESPECTIVE ASSESSEE) 2. ./,- / THE RESPONDENT. ITA NO.2528/MUM/2017 M/S SHRAMIK MULTITRADE PVT. LTD. 4 3. 0 0 1$ ( + ) / THE CIT, MUMBAI. 4. 0 0 1$ / CIT(A)- , MUMBAI, 5. 34 .$! , 0 +' ! 5 , % / DR, ITAT, MUMBAI 6. 6' 7% / GUARD FILE. ! / BY ORDER, /! (DY./ASSTT. REGISTRAR) , % / ITAT, MUMBAI