DEPUTY COMMISSIONER OF INCOME TAX - LARGE TAX PAYER UNIT-1, MUMBAI V. RASHTRIYA CHEMICALS & FERTILIZERS LIMITED, MUMBAI

ITA 4264/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5579 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 20-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D G PANSARI
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE S HRI M. BALAGANESH (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 4264 /MUM/2018 ASSESSMENT Y EAR: 2013 - 2014 THE DCIT (LTU) - 1, WORLD TRADE CENTRE, CENTRE NO. 1, 29 TH FLOOR, CUFFE PARADE, MUMBAI 400005 VS. M/S RASHTRIYA CHEMICALS FERTILIZERS LTD., PRIYADARSHINI, EASTERN EXPRESS HIGHWAY, SION, MUMBAI - 400022 PAN: AAACR2831H (APPELLANT) (RESPONDENT) REVENUE BY : SHRI D.G. PANSARI ( DR) ASSESSEE BY : SHRI KETAN VED ( A R ) DATE OF HEARING: 04/09 /201 9 DATE OF PRONOUNCEMENT: 04 / 0 9 /201 9 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER DATED 19.03.2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 (FOR SHORT THE CIT (A) , MUMBAI, FOR THE ASSESSMENT YEAR 2013 - 14 , WHEREBY THE LD. CIT(A) HAS PARTLY ALLOWED T HE APPEAL FILED BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER PASSED U/S 143 (3) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT). 2 . AGGRIEVED BY THE ORDER OF THE LD. CIT (APPEAL S ), THE REVENUE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL ON THE FOLLOWING EFFECTIVE GROUND : - ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE & IN LAW, THE LD. CIT (A) ERRED IN EXTENDING T HE BENEFIT OF SECTION 32(1) (IIA) OF THE ACT TO THE NEXT ASSESSMENT YEAR, WHEN THE INCOME - TAX ACT DOES NOT PROVIDE SUCH CARRYOVER, THEREBY VIOLATING THE LEGAL PRINCIPLE OF CASSUS OMISSUS W HICH STATES THAT THE COURTS CAN NOT COMPENSATE FOR WHAT THE LEGISLA TURE HAS OMITTED TO ENACT? 2 ITA NO. 4264 / MUM/2018 ASSESSMENT YEAR: 2013 - 1 4 3. AT THE OUTSET, THE LD. COUNSEL FOR THE RESPONDENT/ASSESSEE POINTED OUT THAT THE TAX EFFECT OF THE RELIEF GRA NTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS. 5 0 LACS AND AS PER CIRCULAR NO.17 OF 2019 DATED 08. 08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) , DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA , THE CBDT HAS REVISED THE MONETARY LIMIT FOR FILING APPEAL S BEFORE THE ITAT FROM THE EXISTING LIMIT OF RS. 20 LACS TO RS. 50 LACS . I N THE LIGHT OF THE AFORESAID FACTS, THE LD. COUNSEL SUBMITTED THAT THIS APPEAL IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED. 4. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY ADMITTED THAT TH IS APPEAL IS NOT MAINTAINABLE IN LIGHT OF THE AFORESAID CIRC ULAR ISSUED BY THE CBDT, HOWEVER, SUBMITTED THAT THE DEPARTMENT MAY BE GIVEN LIBERTY TO FILE MISCELLANEOUS APPLICATION IN CASE IT IS FOUND THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR. 5. WE HAVE GONE THROUGH THE IMPUGNED ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF APPEALS. AS POINTED OUT BY THE LD. COUNSEL, THE TAX EFFEC T IN THIS APPEAL IS BELOW RS. 5 0 LACS. ACCORDINGLY, W E DISMISS THE AFORESAID APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE /WITHDRAWN . HOWEVER, IN CASE, IT IS FOUND THAT THE CASE FALLS UNDER ANY OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR, THE REVENUE IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER OF THE TRIBUNAL. IN THE RESULT, APPEAL FILED BY THE R EVENUE FOR ASSESSMENT YEAR 2013 - 2014 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH SEPTEMBER , 2019 . SD/ - SD/ - ( M. BALAGANESH ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 4 / 09 / 201 9 ALINDRA, PS 3 ITA NO. 4264 / MUM/2018 ASSESSMENT YEAR: 2013 - 1 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