DCIT 15(3)(2), MUMBAI V. SARSWAT INFOTECH LTD, NAVI MUMBAI

ITA 2692/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2831 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2013-2014
• Appeal Filed On: 13-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABDUL HAKEEN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.2692/MUM/2017, (A.Y. 2013-14) THE DY.COMMISSIONER OF INCOME TAX 15(3)2, ROOM NO.451, 4 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... APPELLANT VS. M/S. SARASWAT INFOTECH LTD. 3 RD FLOOR, MADHUSHREE, PLOT NO.85, DISTRICT BUSINESS CENTRE, SECTOR -17, VASHI , NAVI MUMBAI 400 703 PAN: AAJCS 4303A ..... RESPONDENT APPELLANT BY : SHRI ABDUL HAKEEN RESPONDENT BY : SHRI ASHOK KUMAR SUT HAR DATE OF HEARING : 28/08/2018 DATE OF PRONOUNCEMENT : 28/08/2018 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEAL FILED BY THE REVENUE PERTA INING TO ASSESSMENT YEAR 2011-12 IS DIRECTED AGAINST AN OR DER PASSED BY CIT(A)- 24, MUMBAI DATED 23/01/2017, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143 (3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 09/02/2016. 2. THE CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2 018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DE PARTMENT BEFORE THE 2 ITA NO.2692/MUM/2017, (A.Y. 2013-14) TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 11.07.2018 (SU PRA). 3. IN THIS BACKGROUND, THE LD. DEPARTMENTAL REPRESE NTATIVE APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED AP PEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CI RCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISE D IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHDRAWN/NOT P RESSED AS ITS FILING IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 11.0 7.2018 (SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT IF ON A LATER DATE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA), THEN THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION IN ACCORDANCE WITH THE EXTANT LAW. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 11.07.2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DIS MISSED AS WITHDRAWN/NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF HEARING ON 28/08/2018. SD/- SD/- (RAVISH SOOD) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 28/08/2018 VM , SR. PS 3 ITA NO.2692/MUM/2017, (A.Y. 2013-14) COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI