ASST CIT 31(3), MUMBAI V. RANBATRA B GHOSH, MUMBAI

ITA 3709/MUM/2015

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1784 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 16-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

F IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 3709 /MUM/2015 ( / ASSESSMENT YEAR : 2009-10) ACIT 31(3), ROOM NO. 208 2 ND FLOOR, C-10, BKC, MUMBAI 400 051. / V. SHRI RANBRATA GHOSH, PROP. M/S SPARKLET ENGINEERS, 12, R.K. INDUSTRIES HOUSE, WALBHAT ROAD, GOREGAON EAST, MUMBAI- 400 063. ./ PAN : AAFPG0067Q ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 6280 /MUM/2014 ( / ASSESSMENT YEAR : 2009-10) DCIT 10(1), 453, AAYAKAR BHAVAN, 4 TH FLOOR, M.K. MARG, MUMBAI 400 020. / V. M/S IL & FS TRUST COMPANY LTD., PLOT NO. C-22, G BLOCK, THE I-LAND, FS FINANCIAL CENTRE, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI- 400 051. ./ PAN : AAACI6832K ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 3743/ MUM/2015 ( / ASSESSMENT YEAR : 2007-08) ACIT 31(1), ROOM NO. 701, C-11, 7 TH FLOOR, BKC, BANDRA (E), MUMBAI 400 051. / V. SHRI GUNVANTBHAI K. PATEL, 99, PRATIBHA NIWAS ROAD NO. 10, JAWAHAR NAGAR, GOREGAON (W), MUMBAI- 400 062. ./ PAN : AEQPP0531F ITA 3709/M/15, ITA6280/M/14 ITA 3743/M/15, ITA 72 90/M.14 2 ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 7290 /MUM/2014 ( / ASSESSMENT YEAR : 2006-07) THE INCOME TAX OFFICER 27(1)(5), 4 TH FLOOR, TOWER NO. 6, VASHI RLY STATION COMPLEX, VASHI, NAVI MUMBAI 400 703. / V. M/S JEYENKAY PETROGELS, 410 KANARA BUSINESS CENTRE, LAXMI NAGAR, OFF ANDHERI LINK ROAD, GHATKOPAR E, MUMBAI- 400 075. ./ PAN : AABFJ4278N ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY SHRI SANJEEV KASHYAP ASSESSEE BY : NONE / DATE OF HEARING : 31-12-2015 / DATE OF PRONOUNCEMENT : 31-12-2015 !' / O R D E R PER BENCH : THESE ARE BUNCH OF FOUR APPEALS, ALL FILED BY THE R EVENUE ARE DECIDED BY THIS COMMON ORDER AS THE APPEALS ARE DISPOSED OF BE CAUSE THE TAX EFFECT IN EACH OF THE APPEALS IS LESS THAN RS. 10 LACS AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 279/MISC.142/2007-ITJ (PT) DATE D 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. 2. THE LD. D.R. SUBMITTED THAT TAX EFFECT INVOLVED IN EACH OF THESE APPEALS ARE LESS THAN RS. 10 LACS AND THE CBDT CIRCULAR NO. 21/2015 IS APPLICABLE TO THESE APPEALS AND THE APPEALS ARE NOT MAINTAINABLE/ NOT PRESSED IN TERMS OF CBDT CIRCULAR NO 21/2015 DATED 10/12/2015. THE LD. DR SUBMITTED THAT AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 27 9/MISC.142/2007-ITJ (PT) ITA 3709/M/15, ITA6280/M/14 ITA 3743/M/15, ITA 72 90/M.14 3 DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT T AXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNM ENT OF INDIA, NO APPEAL SHALL BE FILED BY THE REVENUE IN RESPECT OF AN ASSE SSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMI T SPECIFIED IN PARA 3 OF THE CIRCULAR PARA 3 OF THE CIRCULAR NO. 21/2015 S NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10,00,000/ - 2 BEFORE HIGH COURT 20,00,000/ - 3 BEFORE SUPREME COURT 25,00,000/ - IN THE SAID CIRCULAR VIDE PARA 10, IT IS STIPULATE D THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEAL S TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE S PECIFIED TAX LIMITS IN MAY BE WITHDRAWN/NOT PRESSED. 3. KEEPING IN VIEW THE CBDT CIRCULAR NO. 21/2015 DA TED 10 TH DECEMBER, 2015 WHICH IS APPLICABLE FROM RETROSPECTIVE EFFECT AND IS ALSO APPLICABLE TO PENDING APPEALS AND ALSO IN VIEW OF DR STATING BEFO RE US THAT THESE APPEALS ARE NOW NOT MAINTAINABLE/NOT PRESSED IN VIEW OF THE ABOVE CBDT CIRCULAR, WE HOLD THAT THE FOUR APPEALS FILED BY THE REVENUE WHI CH ARE COVERED BY THIS ORDER INVOLVING TAX EFFECT LESS THAN RS. 10 LACS A RE NOT MAINTAINABLE AND ARE DISMISSED BEING NOT PRESSED. HOWEVER, THE REVENUE I S AT LIBERTY TO FILE AN APPLICATION FOR RECALL OF THESE APPEALS IN ACCORDAN CE WITH LAW, IF AT ANY STAGE IT IS FOUND THAT TAX EFFECT IS MORE THAN RS 10 LACS OR THE REVENUE WANTS TO AGITATE THE MATTER IN ACCORDANCE WITH THE PROVISION S/CLAUSES AS CONTAINED IN THE AFORE-STATED CIRCULAR. WE ORDER ACCORDINGLY. ITA 3709/M/15, ITA6280/M/14 ITA 3743/M/15, ITA 72 90/M.14 4 4. IN THE RESULT, THE FOUR APPEALS FILED BY THE REV ENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DECEMBER, 2015. !' # $% &! ' 31-12-15 ( ) SD/- SD/- (SANJAY GARG) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ 8 MUMBAI ; &! DATED 31-12-2015 [ .9../ R.K. R.K. R.K. R.K. , EX. SR. PS ! '#$% &%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. : ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. : / CIT- CONCERNED, MUMBAI 5. =>( 99?@ , ?@ , $ 8 / DR, ITAT, MUMBAI H BENCH 6. (BC D / GUARD FILE. ' / BY ORDER, = 9 //TRUE COPY// (/') * ( DY./ASSTT. REGISTRAR) , $ 8 / ITAT, MUMBAI