ITO (TDS 2(3), MUMBAI V. MIDAS EVENTS P.LTD, MUMBAI

ITA 3887/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3065 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 29-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI B.R.BASKARAN (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 3887/MUM/2014 ASSESSMENT YEAR: 2008-09 THE ITO - 2(3), ROOM NO. 708, 7 TH FLOOR, SMT. K.G. MITTALAUYURVEDIC HOSPITAL BLDG, CHARNI ROAD MUMBAI 400002. VS. MIDAS EVENTS P LTD. 1/22 SVP NAGAR, MHADA, VERSOVA, ANDHERI WEST MUMBAI PAN- AADCM8984F (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. DURGA DUTT RESPONDENT BY : NONE DATE OF HEARING: 14/06/2016 DATE OF PRONOUNCEMENT: 14/06/2016 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAI NST ORDER DATED 14/03/2012 PASSED BY THE LD CIT(APPEALS)-31, MUMBAI FOR THE AS SESSMENT YEAR 2005-06. 2. THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER O N FOLLOWING EFFECTIVE GROUNDS OF APPEAL:- I). ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LD. CIT(A) ERRED IN DIRECTING THE AO TO RE-COMPUTE THE PENALTY U/S 272A(2)(K)OF THE I.T. ACT FROM THE DATE OF DEPOSIT OF TAX BY THE ASSESSEE TILL THE DATE OF FILING TDS RETURN. 2 ITA NO. 3887/MUM/2014 ASSESSMENT YEAR: 2008-09 II). THE LD CIT(A) HAS ERRED, IN FACTS AND CIRCUMST ANCES OF THE CASE AND LAW, IN NOT APPRECIATING THE PROVISIONS OF SECT ION 272A(2)(K) R.W.S. 200(3) WHICH CLEARLY STATE THAT THE PENALTY U/S 272A(2)(K) WILL BE ATTRACTED WHEN THE ASSESSEE FAILS TO FURNISH TDS RETURN WITHIN THE DUE DATES PRESCRIBED IN RULE 31A. 3. THE CASE WAS CALLED FOR HEARING, HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE. WE NOTICE THAT THE TAX EFFECT IN THIS CAS E IS BELOW RS.10,00,000/- AND AS PER THE CBDT CIRCULAR NO. 21 OF 2015, DATED 10/1 2/2015, THE PRESENT APPEAL IS NOT MAINTAINABLE. 4. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT I N DEPARTMENTS APPEAL IS BELOW RS.10 LAKHS, WE FIND THAT THE ISSUE RAISED IN APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN PARA 8 OF THE C IRCULAR. SINCE, IT HAS BEEN SPECIFICALLY CLARIFIED IN THE CIRCULAR AFORESAID TH AT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS; THE PRE SENT APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. WE, THEREFORE, DISMIS S THE SAME IN LIMINE . ORDER PRONOUNCED IN THE OPEN COUR T ON 14 TH . JUNE, 2016 SD/- SD/- ( B.R.BASKARAN ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 14/06/2016 3 ITA NO. 3887/MUM/2014 ASSESSMENT YEAR: 2008-09 / 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 PRAMILA