ACIT 19(1), MUMBAI V. MEGHNA PACKAGING, MUMBAI

ITA 3279/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3311 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-02-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 29-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S RAVICHANDRANDR
• Assessee Lawyers: SHRU MAYUR R MAKADIAAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, INCOME TAX APPELLATE TRIBUNAL, MUMBAI B BENCH . . , BEFORE S/SH. MAHAVIR SINGH,JM & B.R. BASKARAN,AM ./ ITA NO./3279/MUM/2013, / ASSESSMENT YEARS: 2004-05 ASSTT. CIT-19(1) ROOM NO.322, PIRAMAL CHAMBERS, 3 RD FLOOR, PAREL MUMBAI-400 012. VS. M/S. MEGHNA PACKAGING 143, SHANTI NIKETAN, S.V. RD. OPP. KHAR POLICE STATION, KHAR(W) MUMBAI-400 052. PAN:AABFM 0758 L ( /APPELLANT ) ( / RESPONDENT ) REVENUE BY: SHRI S. RAVICHANDRAN-DR ASSESSEE BY: SHRU MAYUR R. MAKADIA-AR / DATE OF HEARING: 30.08.2016 / DATE OF PRONOUNCEMENT: 30.08.2016 ,1961 254(1) ORDER U/S 254(1) OF THE INCOME-TAX ACT, 1961(THE AC T) O R D E R PER MAHAVIR SINGH,JM : THIS APPEAL BY THE REVENUE IS ARISING OUT OF THE OR DER OF THE CIT(A)-22, MUMBAI IN APPEAL NO.CIT(A)-22/ACIT-19 (1)/IT- 200/1 1-12, ORDER DATED 26/02/2013. ASSESSMENT WAS FRAMED BY THE ACIT, CIR CLE- 19 (1), MUMBAI UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 19 61 ( HEREIN AFTER REFERRED TO AS THE ACT) FOR THE ASSESSMENT YEAR 2004-05 VIDE HIS ORD ER DATED 14/12/2009. 2. DURING THE COURSE OF HEARING BEFORE ME, THE LEAR NED COUNSEL FOR THE ASSESSEE, POINTED OUT THAT IN THIS CASE THE QUANTUM UNDER DI SPUTE IS RS.23,65,800/- AND THE TAX DEMAND INVOLVED IS RS.8,48,731/- AND THUS, THE TAX EFFECT IN THIS APPEAL IS BELOW 3279/M/13- MEGHNA PACKAGING 2 RS.10.00 LACS. THE LEARNED COUNSEL SUBMITTED THAT I N VIEW OF THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 BROUGHT OUT BY THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNM ENT OF INDIA, THIS APPEAL OF REVENUE IS NOT MAINTAINABLE AND BE DISMISSED. THE L EARNED SR. DR ALSO AGREED TO THE FACTS STATED BY THE LEARNED COUNSEL BUT COULD NOT P OINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION PROVIDED IN THE CIRCULAR . 3. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE MATERIAL ON RECORD. I FIND FROM THE RECORDS BEFORE ME THAT THE TAX INVOLVED IN THE DISPUTED ISSUE IS BELOW RS.10 LACS AND THEREFORE, IN VIEW OF THE CIRCULAR NO. 21/ 2015 DATED 10 TH DECEMBER, 2015 NO APPEAL SHOULD BE FILED BY THE REVENUE BEFORE THE TR IBUNAL WHICH HAS TAX EFFECT OF RS. 10.00 LACS OR LESS AND THIS CIRCULAR IS ALSO APPLIC ABLE RETROSPECTIVELY TO ALL PENDING APPEALS. THE RELEVANT EXTRACT THE SAID CBDT CIRCULA R (SUPRA) IS AS UNDER:- THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PEN DING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PE NDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRA WN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE IN STRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 4. CONSIDERING THE ABOVE, THE APPEAL FILED BY THE R EVENUE, IS THEREFORE, DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH AUGUST, 2016 30 , 2016 SD/- SD/- ( . . / B.R. BASKARAN) ( / MAHAVIR SINGH ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER /MUMBAI, /DATE: 30.08.2016 . . . JV.SR.PS. 3279/M/13- MEGHNA PACKAGING 3 / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ ! ' #$ , 4. THE CONCERNED CIT / ! ' #$ ; 5. DR A BENCH, ITAT, MUMBAI / % , B , . . . 6. GUARD FILE/ & //TRUE COPY// / BY ORDER, DY./ASST. REGISTRAR , /ITAT, MUMBAI.