ASST CIT 10(3)(2), MUMBAI V. PROCTER & GAMBLE HOME PRODUCTS LTD, MUMBAI

ITA 3488/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1218 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2017
• Appeal Filed By: Department
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 08-06-2015
• Court: TRIBUNAL
• Department Lawyers: R A DHYANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I , MUMBAI BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER AND SHRI CN PRASAD , JUDICIAL MEMBER ITA NO. 3488 /MUM/201 5 : (A.Y : 20 0 8 - 09 ) A C IT 10 ( 3 ) (2) ROOM NO. 212 , AAYAKAR BHAVAN M.K.ROAD MUMBAI 400 020 (APPELLANT) VS. PROCTER & GAMBLE HOME PRODUCTS LTD. P&G PLAZA, CARDINAL GRACIAS RD. CHAKALA, ANDHERI (EAST) MUMBAI 400 08 9 PAN : AA ACP4643H (RESPONDENT) APPELLANT BY : SHRI R.A. DHYANI RESPONDENT BY : MS. MOKSHA MEHTA DATE OF HEARING : 09 / 02 /201 7 DATE OF PRONOUNCEMENT : 12 / 04 /2017 O R D E R PER CN PRASAD , J M : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 18 . 0 3 .201 5 , PASSED BY THE LD. CIT (APPEALS) - 57, MUMBAI, FOR THE ASSESSMENT YEAR 20 0 8 - 09 . 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THIS REVENUES APPEAL IS LESS THAN RS. 10 LAKHS AND THEREFORE IN VIEW OF CBD T CIRCULAR NO. 21/2015 DATED 10.12. 2015 , THE APPEAL IS NOT MAINTAI NABLE. A STATEMENT SHOWING THE WORKING OF TAX E FFECT IS ALSO FURNISHED BEFORE US. THE LD. DR FAIRLY SUBMITS THAT THE TAX EFFECT IS LESS THAN RS.10 LAKHS. M/S PROCTE R & GAMBLE HOME PRODUCTS LTD. ITA NO 3 4 8 8 /MUM/20 1 5 3. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10 .12. 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 3. CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IN THIS A PPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 12 TH APRIL 201 7 . SD/ - SD/ - ( RAJ ENDRA ) ( C.N.PRASAD ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI, DATE : 12 TH APRIL 201 7 LR, SPS M/S PROCTE R & GAMBLE HOME PRODUCTS LTD. ITA NO 3 4 8 8 /MUM/20 1 5 COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, I BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI