DCIT 10(2), MUMBAI V. GENERAL MILLS INDIA P.LTD, MUMBAI

ITA 4146/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3295 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 16-03-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 06-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUMAR SANJAY
• Assessee Lawyers: RISHIKESH OJHA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER / I .T A NO. 4146/MUM/2014 ( / ASSESSMENT YEAR : 2005 - 06 THE DCIT - 10(2), AAYAKAR BHAVAN, MUMBAI - 400 020 / VS. M/S. GENERAL MILLS INDIA PVT. LTD., ALPHA, 8 TH FLOOR, MAIN STREET, HIRANANDANI GARDENS, POWAI, MUMBAI - 400 076 ./ ./ PAN/GIR NO. AACCG 1 7 73B ( / APP ELLANT ) .. ( / RESPONDENT ) / APP ELLANT BY: SHRI KUMAR SANJAY / RESPONDENT BY: SHRI RISHIKESH OJHA / DATE OF HEARING : 1 6 . 0 3 . 201 6 / DATE OF PRONOUNCEMENT : 16 . 03.2016 / O R D E R PER C.N. PRASAD, JM : THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) - 15, MUMBAI DATED 18.03.2014 PERTAINING TO ASSESSMENT YEAR 2005 - 06. 2. THE GROUNDS RAISED BY THE REVENUE READ AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS LAW, THE LD. CIT(A) ERRED IN CONFIRMING THE ACTION OF LD. ASSESSING OFFICER IN REOPENING THE ASSESSMENT COMPLETED U/S. 143(3) OF THE I.T. ACT, 1961 WITHOUT CONSIDERING THE FACTS AND CIRCUMSTAN CES OF THE CASE. ITA NO. 4146/M/14 2 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS LAW, THE LD. CIT(A) ERRED IN CONFIRMING THE ACTION OF LD. ASSESSING OFFICER IN DISALLOWING THE REPAIRS & MAINTENANCE EXPENSES INCURRED BY THE APPELLANT AMOUNTING TO RS. 7 ,00,000/ - ON THE GROUND THAT THE SAME WERE NOT PERTAINING TO THE APPELLANT COMPANY WITHOUT APPRECIATING THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. BEFORE GOING INTO THE MERITS OF THE CASE, WE CONSIDER CBDTS LATEST INSTRUCTIONS VIDE CIRCULAR NO.21/20 15 DATED 10/12/2015, THE RELEVANT PORTION OF WHICH READ AS UNDER: - CIRCULAR NO. 21/2015 F NO 279/MISC. 142/2007 - ITJ (PT) GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD DIRECT TAXES NEW DELHI THE 10TH DECEMBER, 2015 SUBJECT: REVISION OF MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL AND HIGH COURTS AND SLP BEFORE SUPRE ME COURT - MEASURES FOR REDUCING LITIGATION - REG REFERENCE IS INVITED TO BOARD'S INSTRUCTION NO 5/2014 DATED 10.07.2014 WHEREIN MONETARY LIMITS AND OTHER CONDITIONS FOR FILING DEPARTMENTAL APPEALS (IN INCOME - TAX MATTERS) BEFORE APPELLATE TRIBUNAL AND HIGH COURTS AND SLP BEFORE THE SUPREME COURT WERE SPECIFIED. 2. IN SUPERSESSION OF THE ABOVE INSTRUCTION, IT HAS BEEN DECIDED BY THE BOARD THAT DEPARTMENTAL APPEALS MAY BE FILED ON MERITS BEFORE APPELLATE TRIBUNAL AND HIGH COURTS AND SLP BEFORE THE SUPRE ME COURT KEEPING IN VIEW THE MONETARY LIMITS AND CONDITIONS SPECIFIED BELOW. ITA NO. 4146/M/14 3 3. HENCEFORTH, APPEALS/ SLPS SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVEN HEREUNDER: - S. NO APPEALS IN INCOME - TAX MATTERS MONETARY LIMIT (IN RS) 1. BEFORE APPELLATE TRIBUNAL 10,00,000/ - 2. BEFORE HIGH COURT 20,00,000/ - 3. BEFORE SUPREME COURT 25,00,000/ - IT IS CLARIFIED THAT AN APPEAL SHOULD NOT BE FILED MERELY BECAUSE THE TAX EFFECT IN A CASE EXCEEDS THE MONETARY LIMITS PRESCRIBED ABOVE. FILING OF APPEAL IN SUCH CASES IS TO BE DECIDED ON MERITS OF THE CASE. 4. IT IS FURTHER CLARIFIED BY THE BOARD IN ITS CIRCULAR THAT THESE INSTRUCTIONS WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS AND TRIBUNALS. IT IS ALSO MADE CLEAR THAT PENDING APPEALS BELOW THE MONITORY LIMITS FIXED IN PARA - 3 ABOVE MAY BE WITHDRAWN OR NOT PRESSED. 5. IN THE CASE IN HAND, THE TOTAL DEMAND AS PER CIT(A)S ORDER IS LESS THAN THE AM OUNT OF RS. 10,00,000/ - , WHICH IS BELOW THE MONETARY LIMITS AS MENTIONED IN CBDT CIRCULAR DATED 10.12.2015 (SUPRA). FOLLOWING THE SAME, THIS APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH MARCH, 2016. SD/ - SD/ - (R AMIT KOCHAR ) (C.N. PRASAD ) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI ; DATED : 16 TH MARCH , 201 6 . . ./ RJ , SR. PS ITA NO. 4146/M/14 4 / 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