DCIT CIR 22(1), NAVI MUMBAI V. METALLURGICAL SERVICES, MUMBAI

ITA 3364/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83491 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 01-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK BATRA
• Keywords: Depreciation; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUM BAI . . , , BEFORE SHRI I. P. BANSAL, JM AND SHRI SANJAY ARORA , AM ./ I.T.A. NO. 3364/MUM/2013 ( / ASSESSMENT YEAR: 2008-09) DY. CIT, CIRCLE 22(1), ROOM NO. 411, 4 TH FLOOR, TOWER NO. 6, VASHI STATION COMPLEX, MUMBAI-400 703 / VS. METALLURGICAL SERVICES MEHTA HOUSE, ASHOK SILK MILLS LANE, OFF LBS MARG, GHATKOPAR (W), MUMBAI-400 080 ./ ./PAN/GIR NO. AAAFM 5768 R ( /APPELLANT ) : ( !' / RESPONDENT ) # $ / APPELLANT BY : SHRI VIVEK BATRA !' # $ / RESPONDENT BY : SHRI VIMAL PUNMIYA % &'( # )* / DATE OF HEARING : 06.08.2014 DATE OF ORDER : 20.08.2014 + / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-33, MUMBAI (CIT(A) FOR SH ORT) DATED 11.02.2013, ALLOWING THE ASSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S .143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A. Y.) 2008-09 VIDE ORDER DATED 16.12.2010. 2 ITA NO. 3364/MUM/2013 (A.Y. 2008-09) DY. CIT VS. METALLURGICAL SERVICES 2.1 AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, THAT THE TAX EFFECT OF THE REVE NUES APPEAL IS AT RS.3.31 LACS, I.E., BELOW THE EXTANT MONETARY LIMIT OF RS.4 LACS, AS PR ESCRIBED BY THE BOARD U/S.268A OF THE ACT. TOWARD THE SAME, HE WOULD PLACE ON RECORD THE COPY OF INSTRUCTION NO. 5/2014 DATED 10.07.2014 ISSUED BY THE BOARD. THE HONBLE HIGH CO URT AS IN THE CASE OF CIT VS. SMT. VIJAYA V. KAVEKAR [2013] 350 ITR 237 (BOM) HAS HELD THAT THE LIMIT P RESCRIBED U/S.268A WOULD APPLY TO PENDING APPEALS AS WELL. ACCORDINGLY , IT WAS PLEADED THAT THE REVENUES APPEAL IS NOT MAINTAINABLE. 2.2 THE LD. DEPARTMENTAL REPRESENTATIVE (DR), CONFI RMED THE CALCULATION OF THE TAX EFFECT OF THE INSTANT APPEAL; THE CLAIM FOR ADDITIO NAL DEPRECIATION, WHICH IS THE SOLE ISSUE IN DISPUTE, BEING FOR RS.8.49 LACS. 3. WE HAVE HEARD THE PARTIES, AND PERUSED THE MATER IAL ON RECORD. THE HONBLE JURISDICTIONAL HIGH COURT HAS TAKEN A CONSISTENT VI EW THAT THE MONETARY LIMIT PROSCRIBING THE REVENUE FROM PREFERRING AN APPEAL BEFORE DIFFER ENT APPELLATE FORUMS WOULD APPLY TO PENDING APPEALS AS WELL, AND FOR WHICH REFERENCE MA Y BE MADE TO THE DECISION IN THE CASE OF CIT VS. MADHUKAR K. INAMDAR (HUF) [2009] 318 ITR 149 (BOM). THE MUMBAI BENCHES OF THE TRIBUNAL HAVE CONSISTENTLY FOLLOWED THE SAID VIEW, BEING BINDING ON IT. UNDER THE CIRCUMSTANCES; THERE BEING NO DISPUTE WIT H REGARD TO THE QUANTUM OF TAX EFFECT, WE HAVE NO HESITATION IN HOLDING THE REVENUES INST ANT APPEAL AS NOT MAINTAINABLE IN VIEW OF SECTION 268A OF THE ACT. WE DECIDE ACCORDINGLY. 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 06, 20 14 AT THE CONCLUSION OF THE HEARING. SD/- SD/- (I. P. BANSAL) (SANJAY ARORA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER % ( MUMBAI; ,& DATED : 20.08.2014 3 ITA NO. 3364/MUM/2013 (A.Y. 2008-09) DY. CIT VS. METALLURGICAL SERVICES '.&../ ROSHANI , SR. PS ! ' #$%& ' &$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT 3. % -) ( ) / THE CIT(A) 4. % -) / CIT - CONCERNED 5. 0'12 !)&34 , * 345 , % ( / DR, ITAT, MUMBAI 6. 267 8( / GUARD FILE ! ( / BY ORDER, )/(* + (DY./ASSTT. REGISTRAR) , % ( / ITAT, MUMBAI