DCIT CIR 7(1), MUMBAI V. PEMBRIL INDUSTRIAL AND ENGG. CO P.LTTD, MUMBAI

ITA 3788/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3523 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 02-03-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 27-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GANESH BAREDR
• Assessee Lawyers: M C NANIWADEKAR
• Keywords: Retrospective amendment; Tax effect
• Section: 154

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.3788/MUM/2014 ASSESSMENT YEAR: 2004-05 DCIT - 7(1), ROOM NO.622, AAYAKAR BHAVAN, CHURCHGATE, M.K. ROAD, MUMBAI-400020 / VS. M/S PEMBRIL INDUSTRIAL AND ENGG. CO. PVT. LTD. APPASAHEB MARATHE MARG, PRABHADEVI, P.O. BOX NO.19127, MUMBAI-400025 PAN NO. AABCP6230B ( / REVENUE) ( / ASSESSEE) / REVENUE BY SHRI GANESH BARE-DR / ASSESSEE BY SHRI M.C. NANIWADEKAR / DATE OF HEARING : 25/05/2016 / DATE OF ORDER: 25/05/2016 ITA NO.3788/MUM/2014 M/S PREMBRIL INDUSTRIAL AND ENGG. CO. PVT.LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 26/03/2014 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI. THE ONLY GROUND RAISED IN THE PRESENT APPEA L IS WITH RESPECT TO QUASHING THE ORDER U/S 154 OF THE I NCOME TAX ACT, 1961 (HEREINAFTER THE ACT), WITHOUT APPREC IATING THE FACTUAL AND LEGAL MATRIX. 2. DURING HEARING, AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE, SHRI M.C. NANIDWADEKAR, POINTED O UT THAT THE TOTAL TAX EFFECT IS BELOW PRESCRIBED MONET ARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRI BUNAL. HOWEVER, THE LD. DR, SHRI GANESH BARE, CONTENDED TH AT ON MERIT, THE ISSUE IS COVERED AGAINST THE ASSESSEE BY THE DECISION OF THE TRIBUNAL ORDER DATED 26/06/2015 FOR ASSESSMENT YEAR 2004-05. HOWEVER, THE LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT SINCE THE APPEAL IS NOT MAINTAINABLE, BEING LOW TAX EFFECT, THEREFORE, THER E IS NO QUESTION OF GOING INTO THE MERITS OF THE APPEAL. ITA NO.3788/MUM/2014 M/S PREMBRIL INDUSTRIAL AND ENGG. CO. PVT.LTD. 3 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTI ON NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, THEREFORE, WITHOUT GOI NG INTO THE MERITS OF THE APPEAL AND CONSIDERING THE AFOREMENTIONED INSTRUCTION OF CBDT, THE APPEAL OF T HE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. ITA NO.3788/MUM/2014 M/S PREMBRIL INDUSTRIAL AND ENGG. CO. PVT.LTD. 4 FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 25/05/2016. SD/- SD/- (RAJENDRA) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER MUMBAI; # DATED : 25/05/2016 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. %& '( / THE APPELLANT (RESPECTIVE ASSESSEE) 2. )*'( / THE RESPONDENT. 3. + + , ( %& ) / THE CIT, MUMBAI. 4. + + , / CIT(A)- , MUMBAI, 5. /01 )2 , + %& %23 , / DR, ITAT, MUMBAI 6. 14 5 / GUARD FILE. / BY ORDER, */& ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI ITA NO.3788/MUM/2014 M/S PREMBRIL INDUSTRIAL AND ENGG. CO. PVT.LTD. 5