ITO 15(2)(1), MUMBAI V. INDO HYDRAULICS (BOMBAY ) P. LTD, MUMBAI

ITA 2655/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2718 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2009-2010
• Appeal Filed On: 12-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Assessee Lawyers: SHAMIN FURTADO
• Keywords: Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL I BENCH MUMB AI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI G. MANUJNATHA, ACCOUNTANT MEMBER ITA NO.2655/MUM/2017 (ASSESSMENT YEAR 200 9-10 ) ITO-15(2)(1), ROOM NO.452, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400706. VS. M/S INDO HYDRAULICS (BOMBAY) PVT. LTD. 155, SHANTI INDUSTRIAL ESTATE, TAMBE NAGAR, SAROJINI NAIDU ROAD, MULUND (W), MUMBAI-400080. PAN: AAFCA2621J APPELLANT RESPONDE NT APPELLANT BY : CHAUDHARY ARUNKUMAR SINGH (DR) RESPONDENT BY : MISS SHAMIN FURTADO (AR) DATE OF HEARING : 13.08.2018 DATE OF PRONOUNCEMEN T : 13.08.2018 ORDERUNDER SECTION 254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. THIS APPEAL UNDER SECTION 253 OF INCOME-TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-24, MUMBAI DATED 25.01.2017 FOR ASSESSMENT YEAR 2009-10. 2. THE CBDT VIDE ITS CIRCULAR NO. 3/2018 DATED 11 TH JULY 2018 HAS REVISED THE MONITORY LIMIT FOR FILING APPEAL BEFORE TRIBUNA L. MISS SHAMIN FURTADO , LD. AR APPEARED ON BEHALF OF THE ASSESSEE AND FILED THE WO RKING OF TAX EFFECT OF RS.18,51,900/-, INVOLVED IN THE PRESENT A PPEAL. THE DEPARTMENTAL REPRESENTATIVE (DR) AFTER GOING THROUGH THE WORKING OF TAX EFFECT FURNISHED BY LD. AR OF THE ASSESSEE, CONCEDED THAT THE TAX EFFECT INVOLVED IN THE PRESENT CASE IS LESS THAN RS. 20,00,000/-. T HE APPEAL IS NOT COVERED BY ANY EXCEPTION CLAUSE PROVIDED IN THE CIRCULAR NO . 3/2018 DATED 11TH JULY 2018. CONSIDERING THE INSTRUCTION OF CBDT IN CIRCULAR NO . 3/2018 DATED ITA NO.2655 MUM 17-MS INDO HYDRAULICS (BOMBAY) PVT. LTD. 2 11 TH JULY 2018, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE U/S. 268A OF INCOME-TAX ACT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13/08/2 018. SD/- SD/- G. MANUJNATHA PAWAN SINGH ACCOUNTANT MEMBER J UDICIAL MEMBER MUMBAI, DATE: 13.08.2018 SK COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR I BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASST. REGISTRAR ITAT, MUMBAI