ITO ,WD- 13(1)(4), MUMBAI V. PUSHPADANTA DEVELOPER & FINANCE PVT. LTD., MUMBAI

ITA 2666/MUM/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2164 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 01-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUMAR PADMAPANI BORADR
• Keywords: Tax effect

Judgement Text

1 ITA 2666/MUM/2018 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI C.N.PRASAD (JUDICIAL MEMBER) AND SHRI G. MANJUNATHA (ACCOUNTANT MEMBER) I.T.A NO. 2666/MUM/2018 (ASSESSMENT YEAR: 2012-13) ITO,WARD-13(1)(4) ROOM NO.216B, 2 ND FLOOR AAYKAR BHAWAN, M.K.ROAD MUMBAI-400 020 VS M/S PUSHPADANTA DEVELOPERS & FARMS PVT.LTD. 46/B, AKURLI INDUSTRIAL ESTATE AKURLI ROAD, KANDIVALI(E) MUMBAI-400 101 PAN: AA FCP0237Q APPELLANT RESPONDENT APPELLANT BY SHRI KUMAR PADMAPANI BORA-(DR) RESPONDENT BY NONE DATE OF HEARING 26-11-2019 DATE OF PRONOUNCEMENT 26 -11-2019 O R D E R PER G MANJUNATHA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAI NST ORDER OF THE CIT(A)- 21, MUMBAI DATED 31/01/2018 AND IT PERTAINS TO AY 2012-13. 2. NONE APPEARED FOR THE ASSESSEE. WE HAVE HEARD TH E LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. DURING CO URSE OF HEARING, THE LD. DR, SUBMITTED THAT NO DOUBT TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THAN RS. 50 LACS AND IT IS COVERED BY CBDT CIRCULAR NO. 2 ITA 2666/MUM/2018 17/2019 DATED 08/08/2019, HOWEVER IT APPEARS THAT I SSUE INVOLVED IN THIS APPEAL IS COVERED BY EXCEPTION AS PROVIDED UNDER CL AUSE (E) OF SUBSEQUENT CIRCULAR AND THEREFORE, IF REQUIRED THE REVENUE SHALL BE ALLOWED TO FILE MISCELLANEOUS APPLICATION TO RECALL THE ORDER. WE, FIND THAT, THE CBDT, RECENTLY HAD ISSUED A CIRCULAR NO. 3/2018 DATED 11-7- 2018, SUPERSEDING ITS EARLIER CIRCULAR NO. 21/2015 AND ENHANCED MONETARY LIMIT FOR FILING APPEAL BEFORE VARIOUS APP ELLATE AUTHORITIES AND ACCORDINGLY, ENHANCED MONETARY LIMIT TO RS. 20,00,0 00/- FOR FILING APPEAL BEFORE THE TRIBUNAL. FURTHER, THE BOARD HAS ISSUED ONE MORE CIRCULAR VIDE CIRCULAR NO.17/2019 DATED 08/08/2019 AND ENHANCED M ONETARY LIMIT FOR FILING APPEAL BEFORE APPELLATE TRIBUNAL TO RS. 50,0 0,000/-. FURTHER, IN THE SAID CIRCULAR, THE CBDT HAD INSTRUCTED ITS OFFICER S TO FILE APPLICATION FOR WITHDRAWAL OF APPEAL ALREADY FILED OR NOT TO PURSUE PENDING APPEALS. WE, THEREFORE, BY TAKING INTO ACCOUNT THE CBDT CIRCULAR NO. 3/2018 DATED 11- 7-2018 AND CIRCULAR NO.17/2019 DATED 08/08/2019 AND ALSO CONSIDERING THE FACT THAT TAX EFFECT INVOLVED IN THE PRESENT AP PEAL IS LESS THAN THE AMOUNT OF MONETARY LIMIT FIXED BY THE CBDT FOR NOT FILING APPEAL, DISMISSED APPEAL FILED BY THE REVENUE AS NOT MAINTA INABLE. WE, FURTHER NOTED THAT THE CO-ORDINATE BENCH OF ITAT, AHMADABAD A BENCH IN ITA.NO. 1398/AHD/2004, VIDE ORDER DATED 14/08/2019 HAS PASSED DETAILED ORDER CONSIDERING NEW CIRCULAR ISSUED BY T HE CBDT AND HELD 3 ITA 2666/MUM/2018 THAT EXCEPT AMENDMENT TO PARA 3 OF THE CIRCULAR NO. 3/2018 DATED 11/07/2018, ALL OTHER PROVISIONS OF THE CIRCULAR NO .03/2018 (SUPRA) HAVE REMAIN INTACT, THEREFORE, THIS CIRCULAR IS APPLICAB LE EVEN FOR PENDING APPEALS AND ACCORDINGLY, REJECTED THE ARGUMENTS OF THE REVENUE THAT THE EFFECT OF THE CIRCULAR SHALL COME INTO FORCE FROM T HE DATE OF ISSUE OF THIS CIRCULAR. THEREFORE, CONSIDERING THE FACTS AND CIRC UMSTANCES OF THIS CASE AND ALSO TAKEN NOTE OF CIRCULARS ISSUED BY THE CBDT INCLUDING CIRCULAR NO. 17/2019 DATED 08/08/2019, AND ALSO BY FOLLOWING THE DECISION OF CO- ORDINATE BENCH, WE DISMISSED APPEAL FILED BY THE RE VENUE AS NOT MAINTAINABLE. HOWEVER, WE KEEP OPEN OPTION TO THE R EVENUE TO FILE A MISCELLANEOUS APPLICATION, IF NECESSARY, IN CASE TH E ISSUES INVOLVED IN THE PRESENT APPEAL COMES WITHIN 3 EXCEPTIONS AS PRO VIDED IN PARA 10 OF SAID CIRCULAR AND CLAUSE (E) OF SUBSEQUENT CIRCULAR . 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH NOVEMBER, 2019 SD/- SD/- (C.N.PRASAD) (G MANJUNATHA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : 26 -11-2019 THIRUMALESH, SR.PS COPY TO : 4 ITA 2666/MUM/2018 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR /TRUE COPY/ BY ORDER SR.PS, ITAT, MUMBAI