DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(3)(1), MUMBAI V. RAMA NEWSPRINT AND PAPERS LIMITED , MUMBAI

ITA 4304/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5589 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 25-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D G PANSARI
• Keywords: Additional evidence; 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. 4 304 /MUM/2018 ASSESSMENT Y EAR: 2010 - 2011 THE D.C.I.T. - 3(3)(1), ROOM NO. 609, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S RAMA NEWSPRINT & PAPERS LTD., 12 TH FLOOR, NARIMAN BHAVAN, 227, V.K. SHAH MARG, NARIMAN POINT MUMBAI - 400021 PAN: AAACR2499H (APPELLANT) (RESPONDENT) REVENUE BY : SHRI D.G. PANSARI (DR) ASSESSEE BY : NONE DATE OF HEARING: 03/09 /201 9 DATE OF PRONOUNCEMENT: 03 / 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 17.04.2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 8 (FOR SHORT THE CIT(A) , MUMBAI, FOR THE ASSESSMENT YEAR 2010 - 11 , 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 LD. CIT (APPEAL S ), THE REVENUE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL ON THE FOLLOWING EFFECTIVE GROUNDS : - 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT (A) WAS CORRECT IN DELETING TH E ADDITION OF RS. 98,49,235/ - ON ACCOUNT OF UNUTILIZED CENVAT RECEIVABLE WHEN THE ASSESSEE HAS NOT PRODUCED 2 ITA NO. 4304 / MUM/20 18 ASSESSMENT YEAR: 2010 - 1 1 ANY EVIDENCES DURING ASSESSMENT PROCEEDINGS TO SUBSTANTIATE THE CLAIM? 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT (A) WAS CORRECT IN DELETING THE ADDITION OF RS. 98,49,235/ - ON ACCOUNT OF UNUTILZED CENVAT RECEIVABLE BY ALLOWING ADDITIONAL EVIDENCES TO BE FILED BY WAY OF CENVAT LEDGER A/C DURING APPELLATE PROCEEDINGS IS CONTRAVENTION OF RULE 46A (1) OF I.T. RULES, 1962 SINCE THE ASSESSEE HAD NOT FILED THE SAME BEFORE THE AO IN ASSESSMENT PROCEEDINGS DESPITE SEVERAL OPPORTUNITIES BEING GIVEN? 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT (A) WAS CORRECT IN ACCEPTING THE ADDITIONA L EVIDENCE AND ADJUDICATING ON THE BASIS OF THE DOCUMENT FILED WHEN THE SAME SHOULD HAVE BEEN REMANDED BACK TO THE AO FOR VERIFICATION IN CONTRADICTION TO RULE 46A(3) OF I.T. RULES 1962 BEFORE ALLOWING RELIEF? 3. THIS CASE WAS FIXED FOR TODAY FOR FINAL HE ARING. HOWEVER, WHEN THE CASE WAS CALLED OUT FOR HEARING, NONE APPEARED ON BEHALF OF THE RESPONDENT/ASSESSEE. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY (DR) POINTED OUT THAT THE TAX EFFECT OF THE RELIEF GRA NTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEA LS) IN THE PRESENT CASE 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 PRESENT APPEAL IS NOT MAINTAINABLE. 4 . 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 LESS THAN 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 TR IBUNAL. 3 ITA NO. 4304 / MUM/20 18 ASSESSMENT YEAR: 2010 - 1 1 IN THE RESULT, APPEAL FILED BY THE REVENUE FOR ASSESSMENT YEAR 2010 - 2011 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD SEPTEMBER , 2019 . SD/ - SD/ - ( M. BALAGANESH ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 03 / 09 / 201 9 ALINDRA, PS / 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