ASST CIT 11(3), MUMBAI V. RAMAKANTA M. PANDA, MUMBAI

ITA 4130/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3052 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Next Hearing Date: 24-03-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 22-05-2013
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Keywords: Tax effect

Judgement Text

, , D, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.4130/MUM/2013 ASSESSMENT YEAR: 2009-10 A C IT CEN 11(3) R.NO.446, 4 TH FLOOR, AAYAKAR BHAVAN, MUMBAI-400020 / VS. RAMAKANTA M. PANDA, ASSIAN HEART INSTITUTE, BANDRA KURLA COMPLEX, MUMBAI-400053 (REVENUE) (RESPO NDENT) P.A. NO. AAOPP2308N REVENUE BY SHRI B.S. BIST (DR) RESPONDENT BY NONE ! ' # / DATE OF HEARING : 16/06/2016 ' # / DATE OF ORDER: 21/06/2016 / O R D E R PER ASHWANI TANEJA (ACCOUNTANT MEMBER): THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AG AINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEAL S)-2, MUMBAI {(IN SHORT CIT(A)}, DATED 13.03.2013 FOR T HE ASSESSMENT YEAR 2009-10, DECIDED AGAINST THE ASSESS MENT REAMAKANTA M. PANDA 2 ORDER PASSED BY THE ASSESSING OFFICER (IN SHORT AO ) U/S 250(6) OF THE ACT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AND BY SHRI B.S. BIST, DEPARTMENTAL REPRESENTATIVE (DR) ON BEHALF OF THE REVENUE. 3. THE MAIN ISSUE RAISED IN THIS APPEAL IS WITH REGARD TO ALLEGED FAILURE OF THE ASSESSEE IN DEDUCTION OF TAX AT SOURCE WHILE MAKING THE PAYMENT BY THE ASSESSEE AND ITS CO NSEQUENT DISALLOWANCE U/S 40(A)(IA). 3.1. IT IS NOTED BY US THAT TAX EFFECT IN THIS CASE IS APPARENTLY LESS THAN RS. 10,00,000/-. 3.2. WE HAVE GONE THROUGH THE AFORESAID CIRCULAR OF THE BOARD. IT HAS BEEN PROVIDED IN THE AFORESAID CIRCULAR THAT NO APPEAL SHALL BE FILED BY THE REVENUE IF THE TAX EFFECT INV OLVED IN THE APPEAL DOES NOT EXCEED A SUM OF RS. 10 LACS. IT HAS FURTHER BEEN PROVIDED THAT INSTRUCTIONS CONTAINED THEREIN S HALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. RELEVANT P ART OF THE CIRCULAR IS REPRODUCED BELOW: 10. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/ TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/ NOT PRESSED. APPEALS BEFORE THE REAMAKANTA M. PANDA 3 SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH AP PEAL WAS FILED. 3.3. IT IS CONFIRMED BY THE LD. DR THAT TAX EFFECT IN THIS CASE IS LESS THAN THE AMOUNT OF RS.10,00,000/-. AS PER LAW, CIRCULAR OF CBDT HAS BINDING EFFECT ON THE INCOME TAX AUTHORITI ES. 3.4. IN VIEW OF THE ABOVE, WE FIND THAT THE APPEAL OF T HE REVENUE IS NOT MAINTAINABLE. THEREFORE, WE DISMISS THE SAME. 3.5. HOWEVER, WITH A VIEW TO FOLLOW PRINCIPLES OF NATUR AL JUSTICE, WE GIVE LIBERTY TO THE REVENUE TO FILE MIS CELLANEOUS APPLICATION U/S 254 IN CASE TAX EFFECT IS FOUND TO BE MORE THAN RS. 10,00,000/-. FURTHER, OUR ORDER SHALL HAVE NO B EARING ON THE MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED. ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING OF THIS CASE. SD/- (JOGINDER SINGH) SD/- (ASHWANI TANEJA) ! / JUDICIAL MEMBER ' ! / ACCOUNTANT MEMBER ! MUMBAI; % DATED : 21/06/2016 CTX? P.S/. . . REAMAKANTA M. PANDA 4 #$%&'(')% / COPY OF THE ORDER FORWARDED TO : 1. '() / THE APPELLANT 2. *+() / THE RESPONDENT. 3. , , - ( ' ) / THE CIT, MUMBAI. 4. , , - / CIT(A)- , MUMBAI 5. 01 *2 , , '# 23 , ! / DR, ITAT, MUMBAI 6. 45 6! / GUARD FILE. / BY ORDER, +0' * //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ! / ITAT, MUMBAI