ITO 29(1)(2), MUMBAI V. B.H. LAKHANI, MUMBAI

ITA 4057/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6536 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 02-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE JUSTICE SHRI P.P.BHATT, PRESIDENT AND SHRI G.S.PANNU, VICE- PRESIDENT ITA NO.4057/MUM/2017, (ASSESSMENT YEAR 2012-13) THE INCOME TAX OFFICER -29(1)(2) ROOM NO.103,C-10, PRATYAKSHKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA(E) MUMBAI 400 051 ...... APPELLANT VS. M/S. B.H.LAKHANI, 303/304, MAHAVIR APARTMENTS, S.P.NAGAR, MULUND (WEST), PAN: AAIFB 3983H ..... RESPONDENT APPELLANT BY : SHRI RAV INDRA RESPONDENT BY : SHRI SUCHEK ANCHA LIYA DATE OF HEARING : 24/10/2018 DATE OF PRONOUNCEMENT : 18/01/2019 ORDER PER G.S.PANNU,VICE-PRESIDENT: THE CAPTIONED APPEAL FILED BY THE REVENUE PERTA INING TO ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST AN OR DER PASSED BY CIT(A)-40, MUMBAI DATED 10/03/2017, WHICH IN TURN A RISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECT ION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 12/03/2015. 2. THE CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2 018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS B Y THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BEL OW THE MONETARY 2 ITA NO.4057/MUM/2017 LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCUL AR DATED 11.07.2018 (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 APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVID ED IN PARA 10 OF THE CIRCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISE D IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHD RAWN/NOT PRESSED AS ITS FILING IS NOT IN CONSONANCE WITH TH E CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BEFORE PARTING, WE CLARI FY HERE THAT IF ON A LATER DATE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PRESCRIBED IN PA RA 10 OF THE CIRCULAR (SUPRA), THEN THE REVENUE SHALL BE AT LIBE RTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL. THE TRI BUNAL 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 APPEAL OF THE REV ENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/01/2019. SD/- SD/- (JUSTICE P.P.BHATT) (G.S. PANNU) PRESIDENT VICE-PRESIDENT MUMBAI, DATED 18/01/2019 VM , SR. PS 3 ITA NO.4057/MUM/2017 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