ITO 3(3)(3), MUMBAI V. SPECTRUM INTERNATIONAL P.LTD, MUMBAI

ITA 4357/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4573 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2016
• Appeal Filed By: Department
• Bench Allotted: E
• Next Hearing Date: 27-07-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 26-06-2012
• Court: TRIBUNAL
• Department Lawyers: LOVE KUMAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , E, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.4357/MUM/2012 ASSESSMENT YEAR: 2008-09 ITO 3( 3)(3) R.NO.672, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. RD. MUMBAI -400020 / VS. M/S. SPECTRUM INTERNATIONAL PVT. LTD. 5 TH FLOOR, LOTUS HOUSE, 33-A, NEW MARINE LINES MUMBAI-400020 (REVENUE) (RESPONDENT) P.A. NO. AAACS5715M REVENUE BY SHRI LOVE KUMAR (DR) RESPONDENT BY NONE / DATE OF HEARING : 14/01/2016 / DATE OF ORDER: 14/01/2016 / O R D E R PER ASHWANI TANEJA (ACCOUNTANT MEMBER): THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-7 , MUMBAI {(IN SHORT CIT(A)}, DATED 23.02.2012 FOR THE ASS ESSMENT YEAR 2008-09, PASSED AGAINST THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER (IN SHORT AO) U/S 143(3) OF THE ACT. SPECTRUM INTERNATIONAL PVT. 2 2. DURING THE COURSE OF HEARING, NONE APPEARED ON BEHA LF OF THE RESPONDENT AND ARGUMENTS WERE MADE BY SHRI LOVE KUMAR, DEPARTMENTAL REPRESENTATIVE (DR) ON BEHALF O F THE REVENUE. 3. DURING THE COURSE OF HEARING, IT HAS BEEN BROUGHT TO OUR NOTICE BY THE LD. DR THAT TAX EFFECT IN THIS APPEAL IS LESS THAN A SUM OF RS.10 LAKHS, AND ACCORDINGLY, IT WAS SUBMITT ED THAT IN VIEW OF RECENT CIRCULAR ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES NO.21/2015 DATED 10 TH DECEMBER, 2015, THIS APPEAL MAY BE TREATED AS WITHDRAWN/NOT PRESSED. LD. DR HAS ALSO PLACED A COPY OF THE CIRCULAR BEFORE THE BENCH, 3.1. 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 LAKHS. IT HA S 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 SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH AP PEAL WAS FILED. SPECTRUM INTERNATIONAL PVT. 3 3.2. IN VIEW OF THE SUBMISSIONS OF LD. DR AND CIRCULAR OF THE BOARD, WE FIND THAT THE APPEAL OF THE REVENUE IS NO T MAINTAINABLE AND THEREFORE, IT IS HELD THAT THIS AP PEAL IS NOT MAINTAINABLE AND DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH JANUARY, 2016. SD/- (C.N. PRASAD ) SD/- (ASHWANI TANEJA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 14/01/2016 CTX? P.S/. .. !'#$%&%'# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A)- , MUMBAI 5. #$% &' , &' ) , / DR, ITAT, MUMBAI 6. %*+ , / GUARD FILE. / BY ORDER, # //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI