ACIT CIR 28(3), NAVI MUMBAI V. SAHEBRAO S.KHILARI, NAVI MUMBAI

ITA 4682/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0699 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 17-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 4682 /MUM/201 5 ASSESSMENT YEAR:201 1 - 201 2 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E , MUMBAI BEFORE SHRI P. K. BANSAL, VICE PRESIDENT AND SHRI RAVISH SOOD, JUDICIAL MEMBER I.T.A. NO. 4682 / MUM /201 5 ASSESSMENT YEAR:2011 - 2012 A.C.I.T. - 28(3), MUMBAI. VS. SHRI SAHEBRAO S. KHILARI, 101, PRABHAT CENTRE ANNEX, SECTOR - 1A, CBD BELAPUR, NAVI MUMBAI. PAN:AAJPK 7584 J (APP E L L ANT) (RESPONDENT) O R D E R PER RAVISH SOOD, J.M. THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) - 26, MUMBAI DATED 08 / 06 /201 5 RELATING TO ASSESSMENT YEAR 20 11 - 2012. 2 . AT THE VERY OUTSET, WE NOTED THAT IN THIS CASE THE TAX EFFECT ON THE INCOME UNDER DISPUTE IS LESS THAN RS.10 LAC. WE FURTHER NOTED THAT THE CENTRAL BOARD OF DIRECT TAXES VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 FILE NO.279 OF MISC. 142/2007 ITJ (PT) HAS ISSUED THE DIRECTION IN SUPERSESSION OF THE INSTRUCTION NO.5/2014 DATED 10 / 07 / 2014 IN PURSUANCE WITH THE POWER ENTRUSTED U/S. 268A OF THE INCOME TAX ACT THAT NO APPEAL SHOULD BE FILED BEFORE THIS TRIBUNAL IN CASE TAX EFFECT DOES NOT EXCEED RS.10 LAC. THE TAX EFFECT IN THIS REGARD MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WHAT HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF APPELLANT BY MS. SURABHI SHAMRA, D. R. RESPONDENT BY SHRI HARI S. RAHEJA, A.R. DATE OF HEARING 08 /0 5 /201 7 DATE OF PRONOUNCEMENT 12 /0 5 /201 7 I.T.A. NO. 4682 /MUM/201 5 ASSESSMENT YEAR:201 1 - 201 2 2 INCOME IN RESPECT OF ISSUES AGAINST WHICH APPEAL IS INTENDED TO BE FILED. THIS CIRCULAR FURTHER STATES THAT TAX WILL NOT INCLUDE ANY INTEREST THEREON THE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. WE FURTHER NOTED THAT UNDER PARAGRAPH 10 WHICH IS REPRODUCED AS UNDER, IT HAS BEEN MENTIONED IN THE CIRCULAR THAT THIS INSTRUCTION WI LL APPLY EVEN TO THE PENDING APPEALS. 10. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. 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 APPEAL WAS FILED. 3 . IN THE IMPUGNED CASE, WE NOTED THAT THE TAX EFFECT ON THE ISSUE UNDER DISPUTE DOES NOT EXCEED RS.10 LAC. IN VIEW OF THIS FACT AS PER THE INSTRUCTION, THE REVENUE IS NOT SUPPOSED TO PRESS THE APPEAL. WE , THEREFORE, DISMISS THE APPEAL FILED BY THE REVENUE IN LIMINE WITHOUT GOING INTO THE MERITS OF THE CASE AS IN OUR OPINION THE CIRCULAR S ISSUED BY CBDT ARE BIN DING ON THE DEPARTMENTAL OFFICERS IN VIEW OF THE PROVISION S OF SECTION 268A(1) OF THE ACT. THE SAID VIEW HAS BEEN TAKEN BY HONBLE SUPREME COURT IN THE CASE OF NAVNEET LAL ZAVERI VS. AAC 56 ITR 198 (SC). WE ACCORDINGLY DISMISS THE APPEAL FILED BY THE REVEN UE. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE STAND S DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 12 /05/2017) SD/. SD/. ( P. K. BANSAL ) (RAVISH SOOD ) VICE PRESIDENT JUDICIAL MEMBER DATED: 12 /0 5 /201 7 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., ASSTT. REGISTRAR