Appeal details
Counselvise Citation
[2019] 116 COUNSELVISE.COM (IT) 3793 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
6 month(s) 18 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
09-08-2019
Appeal Filed By
Department
Order Result
Allowed
Bench Allotted
F
Assessment Year
2013-2014
Appeal Filed On
22-01-2019
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'D BENCH, MUMBAI BEFORE JUSTICE P.P. BHATT, PRESIDENT AND SHRI G.S. PANNU, VICE PRESIDENT ITA NO. 293/MUM/2019 (ASSESSMENT YEAR: 2013-14) D C I T - 3(3)(2) ROOM NO. 628, 6TH FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 VS. M/S. VEEKAYLAL INVESTMENT COMPANY P. LTD. 1017/18, DALAMAL TOWER FREE PRESS JOURNAL ROAD NARIMAN POINT, MUMBAI 400021 AAACV9936H APPELLANT RESPONDENT APPELLANT BY: SHRI CHAITANYA ANJARIA RESPONDENT BY: NONE DATE OF HEARING: 20.08.2019 DATE OF PRONOUNCEMENT: 20.08.2019 O R D E R THE CAPTIONED APPEAL FILED BY THE REVENUE PERTAININ G TO A.Y. 2013-14 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)- 2, MUMBAI DATED 20.11.2018 WHICH IN TURN ARISES OUT OF AN ORDER PAS SED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER 'THE ACT') DATED 09.03.2016. 2. THE CBDT, VIDE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019, HAS AMENDED PARA 3 OF CIRCULAR NO. 3/2018 DATED 11.07.0 18 MODIFYING THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPART MENT BEFORE THE TRIBUNAL. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL I S STATED TO BE BELOW THE ENHANCED MONETARY LIMIT OF ` 50 LAKHS SPECIFIED IN THE CBDT CIRCULAR DATED 08.08.2019 (SUPRA) READ WITH CIRCULAR 11.07.2018 (S UPRA). 3. IN THIS BACKGROUND, THE LEARNED D.R. APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH ITA NO. 293/MUM/2019 M/S. VEEKAYLAL INVESTMENT. COMPANY P. LTD. 2 WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTECTED B Y ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR DATED 11.0 7.2018 (SUPRA) AND ITS AMENDMENT DATED 20 TH AUGUST, 2018. 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISED, THE CAPTIONED APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS IT S FILING IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 08.08.2019 (SUPRA) READ WITH CIRCULAR 11.07.2018 (SUPRA). IT IS ALSO NOTED THAT THE HON'BLE SUPREME COURT IN THE CASE OF DCIT & ORS VS. MSEB HOLDING CO MPANY LTD. [SLP (CIVIL) NO.26373/2019 DATED 16.08.2019] HAS TAKEN C OGNIZANCE OF THE ENHANCED LIMIT WHILE DISMISSING THE SLP ARISING FRO M THE JUDGEMENT PASSED BY THE HON'BLE BOMBAY HIGH COURT IN WP NO. 3 642/2018 DATED 25.01.2019. 5. BEFORE PARTING, WE CLARIFY THAT IF ON A LATER DATE, THE REVENUE FINDS THAT FILING OF THE APPEAL IS PROTECTED BY ANY OF TH E EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR 11.07.2018 (SUPRA), IT SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THE INSTANT ORD ER AND REINSTITUTION OF THE APPEAL FOR ADJUDICATION ON MERITS. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION, IF ANY, AS PER THE EXTANT LAW. 6. IN CONCLUSION, BY APPLYING THE CIRCULAR DATED 08.0 8.2019 READ WITH CIRCULAR DATED 11.07.2018 (SUPRA), THE CAPTIONED AP PEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/ NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING ON 20 TH AUGUST, 2019. SD/ - SD/ - G.S. PANNU JUSTICE P.P. BHATT VICE PRESIDENT PRESIDENT MUMBAI, DATED: 20 TH AUGUST, 2019 ITA NO. 293/MUM/2019 M/S. VEEKAYLAL INVESTMENT. COMPANY P. LTD. 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -2, MUMBAI 4. THE CIT - 1, MUMBAI 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.
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