ITO 3(3)(3), MUMBAI V. SWIFT INDIA P.LTD, MUMBAI

ITA 2801/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2832 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2011-2012
• Appeal Filed On: 19-04-2017
• 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.2801/MUM/2017, (A.Y. 2011-12) INCOME TAX OFFICER 3(3)(3), ROOM NO.672,6 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... APPELLANT VS. M/S. SWIFT INDIA PVT. LTD., 45 C, MANDHANA MANOR, MUGHAL LANE, MAHIM(W), MUMBAI 400 016. PAN: AAKCS 5974L ..... RESPONDENT APPELLANT BY : SHRI ABDUL HAKEEN RESPONDENT BY : NONE 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)- 58, MUMBAI DATED 31/01/2017, 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 25/03/2014. 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.2801/MUM/2017, (A.Y. 2011-12) TRIBUNAL WITH RETROSPECTIVE EFFECT. AT THE TIME OF HEARING THE LD. DEPARTMENTAL REPRESENTATIVE HAS REFERRED TO A COMMU NICATION BY ITO, WARD 3(3)(3), MUMBAI DATED 20/08/2018 SEEKING WITHD RAWAL OF THE APPEAL AS THE TAX EFFECT IN THE IMPUGNED APPEAL IS BELOW THE LIMIT SPECIFIED IN CBDT CIRCULAR DATED 11/07/2018(SUPRA). 3. THUS, THE CAPTIONED APPEAL OF THE REVENUE IS DIS MISSED AS WITHDRAWN. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE LD. DEPARTMENTAL REPRESENTATIVE AT THE CO NCLUSION 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 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