DCIT 6(2), MUMBAI V. KRYSTAL COLLOIDS P.LTD, MUMBAI

ITA 3723/MUM/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3010 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-03-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 10-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HIMANSHU SHARMA
• Assessee Lawyers: VIJAY MEHTA GOVIND ZAVERI
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER ITA NO.3723/MUM/2013, (A.Y. 2009-10) ITA NO.3725/MUM/2013, (A.Y. 2008-09) THE DCIT 6(2), AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 ...... APPELLANT VS. M/S. KRYSTAL COLLOIDS PVT. LTD. 119,PURUSHARTH BUILDING, NAWROJI HILL ROAD NO.2, DONGRI, MUMBAI 09. PAN: AACCK 5409J ..... RESPONDENT APPELLANT BY : SHRI HIMANSHU SHAR MA RESPONDENT BY : S/ SHRI VIJAY MEHTA/ GOVIND ZAVERI DATE OF HEARING : 10/08/2018 DATE OF PRONOUNCEMENT : 10/08/2018 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEALS FILED BY THE REVENUE PERTA INING TO ASSESSMENT YEARS 2009-10 AND 2008-09 ARE DIRECTED AGAINST SEPARATE ORDERS PASSED BY CIT(A)-12, MUMBAI DATED 28/02/20 13, WHICH IN TURN ARISE OUT OF ORDERS PASSED BY THE ASSESSING OF FICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT TH E ACT) DATED 13/12/2011 AND 31/12/2010 RESPECTIVELY. 2 ITA NO.3723/MUM/2013, (A.Y. 2009-10) ITA NO.3725/MUM/2013, (A.Y. 2008-09) 2. THE CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2 018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DE PARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEALS ARE STATED TO BE BELOW THE MONETA RY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 11.07.201 8 (SUPRA). 3. IN THIS BACKGROUND, THE LD. DEPARTMENTAL REPRESE NTATIVE APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED AP PEALS ARE PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISE D IN THE CAPTIONED APPEALS, THEY ARE DEEMED TO BE WITHDRAWN/NOT PRESSE D AS THEIR FILING IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 11.0 7.2018 (SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT IF ON A LATER DATE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEALS ARE PROTECTED BY A NY OF THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA), THEN THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEALS. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION IN ACCORDANCE WITH THE EXTANT LAW. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 11.07.2018 (SUPRA), THE CAPTIONED APPEALS OF THE REVENUE ARE D ISMISSED AS WITHDRAWN/NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF HEARING ON 10/08/2018. SD/- SD/- (RAM LAL NEGI ) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 10/08/2018 3 ITA NO.3723/MUM/2013, (A.Y. 2009-10) ITA NO.3725/MUM/2013, (A.Y. 2008-09) VM , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI