DCIT 1(1)(1), MUMBAI V. BOMBAY GAS COMPANY LTD, MUMBAI

ITA 4864/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3712 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2004-2005
• Appeal Filed On: 21-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: NIYANTA MEHTA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 4864/ MUM/ 2016 ( ASSESSMENT YEAR : 2004 - 05 ) A.C.I.T. 1(1)(1), 579, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI - 400 020 VS. M/S. BOMBAY G AS COMPANY LTD., EMPIRE HOUSE, A.K. NAYAK MARG, FORT, MUMBAI - 400 001 PAN/GIR NO. AAACB5863D APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CHAITANYA ANJARIA ASSESSEE BY MS. NIYANTA MEHTA DATE OF HEARING 03 / 08 /2018 DATE OF PRONOUNCEMENT 13 / 08 /2018 / O R D E R PER R.C. SHARMA (A.M) : THIS IS AN APPEAL FILED BY THE REVENUE AG AINST THE ORDER OF CIT(A) 2 , MUMBAI DATED 20/04/2016 FOR A.Y.200 4 - 0 5 IN THE MATTER OF ORDER PASSED U/S. 143(3) R.W.S. 254 OF TH E INCOME TAX ACT, 1961. 2. WE HAVE HEARD L D. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIALS AVAILABLE ON THE RECORD IN RESPECT OF THE ABOVE APPEAL. IT IS OBSERVED THAT THE DEMAND/TAX EFFECT IN THE REVENUE AP PEAL IS NOT EXCEEDING RS. 20 LAKH S. UNDER THE POWER VESTED BY SEC. 268A(1) OF THE I ITA NO. 4864/MUM/20 16 M/S. BOMBAY GAS COMPANY LTD., 2 T. ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018 INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE 1TAT WHERE THE DEMAND/TAX EFF ECT DOES NOT EXCEED RS. 20 LAKH S. THE CIRCULAR SPECIFICALLY MENTIONS THAT THE INSTRUCTIONS ARE APPLICABLE TO ALL PENDING APPEALS ALSO. 6 . SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRECTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 20 LA KH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7 . THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPTIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APPEAL DOE S NOT EXCEED THE LIMIT OF RS. 20 LA KH S AS SET OUT BY CBDT, SUCH APPEAL IS NOT MAINTAINABL E IN VIEW OF FORE GOINGS. ACCORD INGLY T H E APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHDRAWN AND HENCE INFRUCTUOUS. 8 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 / 08 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 13 / 08 /201 8 KAR UNA SR. PS ITA NO. 4864/MUM/20 16 M/S. BOMBAY GAS COMPANY LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//