ACIT - 31(2), MUMBAI V. JAYANTILAL BHIMRAJ JAIN, MUMBAI

ITA 4938/MUM/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0739 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 23-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV GUBGOTRA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER & SHRI RAM LAL NEGI, JUDICIAL MEMBER ITA NO.4938/MUM/2018 ASSESSMENT YEAR : 2009-10 THE ACIT 31(2), MUMBAI VS. SHRI JAYANTILAL BHIMRAJ JAIN, 118, HIGHTECH INDUSTRIAL ESTATE, CAVES ROAD, JOGESHWARI (E), MUMBAI 400 060. PAN AAEPJ8397H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJEEV GUBGOTRA RESPONDENT BY : SHRI FENIL BHATT DATE OF HEARING : 07.08.2019 DATE OF PRONOUNCEMENT : 07.08.2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER THE CAPTIONED APPEAL FILED BY THE REVENUE PERTAININ G TO A.Y. 2009-10 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)-42, MUMBAI, DATED 29.05.2018 WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) R.W.S 147 OF THE INCOME TAX ACT, 196 1 (HEREINAFTER 'THE ACT') DATED 31.12.2015. 2. THE CBDT, VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 , HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTM ENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED ITA NO. 4938/MUM/2018 SHRI JAYANTILAL BHIMRAJ JAIN 2 TO BE BELOW THE MONETARY LIMIT OF ` 20 LAKHS SPECIFIED IN THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). 3. IN THIS BACKGROUND, THE LEARNED D.R. APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUE RAISED, THE CAPTIONED APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS ITS FILING I S NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BEFORE PART ING WE MAY CLARIFY THAT IF ON A LATER DATE, THE REVENUE FINDS THAT FILING OF THE APPEAL IS PROTECTED BY THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA), IT SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THE ORDER AN D REINSTITUTION OF THE APPEAL FOR ADJUDICATION ON MERITS. THE TRIBUNAL SHALL CONS IDER SUCH APPLICATION, IF ANY, AS PER THE EXTANT LAW. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/ NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING ON 7 TH AUGUST, 2019 SD/ - SD/ - ( RAM LAL NEGI ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 7 TH AUGUST, 2019 SA ITA NO. 4938/MUM/2018 SHRI JAYANTILAL BHIMRAJ JAIN 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE C I T(A), MUMBAI. 4. THE C I T 5. THE DR, F BENCH, ITAT, MUMBAI BY ORDER, //TRUE COPY// (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, MUMBAI