ITO WD 3(1), THANE V. PRASANNA M PUJARI, THANE

ITA 4943/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4254 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 28-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S R KIRTANE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C , MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA , ACCOUNTANT MEMBER ITA NO. 4943/MUM/2014 : (A.Y : 2008 - 09) ITO, WARD - 3(1) (APPELLANT) VS SHRI PRASANNA M. PUJARI 102/A, SURYODHAYA APARTMENTS, KOPRI COLONY, PATILWADI, THANE (E), 400 603 (RESPONDENT) PAN : AHBPP8082F APPELLANT BY : SHRI S.R. KIRTANE (DR) RESPONDENT BY : NONE DATE OF HEARING : 10/02/2016 DATE OF PRONOUNCEMENT : 10/02/2016 O R D E R PER ASHWANI TANEJA , A M : THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1, MUMBAI (IN SHORT REFERRED TO AS CIT(A)) DT. 21.4.2014 AGAINST THE ORDER PASSED BY THE ASSESSING OFFICER (IN SHORT REFERRED TO AS THE AO) U/S. 143(3) DT. 21.12.2010 FOR A.Y 2008 - 09 ON THE FOLLOWING GROUNDS : - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, AND IN LAW, THE CIT(A) - I, HAS ERRED IN DELETING THE ADDI TION MADE BY THE ASSESSING OFFICER IN RESPECT OF SALARY OF RS 7,04,155/ - , WHICH WAS RECEIVED BY THE ASSESSEE, WHO QUALIFIED AS A NON RESISDENT IN INDIA DURING THE YEAR UNDER CONSIDERATION AND SUCH SALARY ACCRUED OR HAD ARISEN TO HIM IN INDIA FROM AN INDIAN COMPANY AS WELL AS RECEIVED IN INDIA AND WAS THEREFORE TAXABLE IN INDIA EVEN THOUGH HE WAS NON RESIDENT AS PER SECTION 5(2)(B) OF THE INCOME TAX ACT 1961. 2 SHRI PRASANNA M. PUJARI ITA NO. 4943/MUM/2014 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, AND IN LAW, THE CIT(A) - I, HAS ERRED IN DELET ING THE ADDITION MADE BY THE ASSESSING OFFICER IN RESPECT OF ALLOWANCES OF RS 19,39,733/ - , WHICH WAS RECEIVED BY THE ASSESSEE, WHO QUALIFIED AS A NON RESISDENT IN INDIA DURING THE YEAR UNDER CONSIDERATION AND SUCH ALLOWANCES ACCRUED OR HAD ARISEN TO HIM IN INDIA FROM AN INDIAN COMPANY AS WELL AS RECEIVED IN INDIA AND WAS THEREFORE TAXABLE IN INDIA EVEN THOUGH HE WAS NON RESIDENT AS PER SECTION 5(2)(B) OF THE INCOME TAX ACT 1961. 3. THE APPELLANT PRAYS THE ORDER OF THE LD. CIT(A) - I, THANE, MAY BE VACATED AND THAT OF THE ASSESSING OFFICER BE RESTORED. 4. THE APPELLANT CRAVES LEAVE TO ADD, AMEND OR ALTER ANY GROUND/GROUNDS, WHICH MAY BE NECESSARY . 2. SHRI S.R. KIRTANE , LEARNED DEPARTMENTAL REPRESENTATIVE (IN SHORT THE DR) APPEARED ON BEHALF OF THE REVE NUE AND NONE APPEARED ON BEHALF OF THE ASSESSEE. 3 . IT HAS BEEN BROUGHT TO OUR NOTICE BY THE LD. DR THAT THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10/12/2015 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL RETROSP ECTIVELY AND THAT THE TAX EFFECT IN THIS CASE IS BELOW THE MONETARY LIMIT OF RS. 10 LACS SPECIFIED IN PARA 3 OF THE CBDT CIRCULAR DATED 10/12/2015 (SUPRA) . THE RELEVANT PORTION OF THE CIRCULAR IS REPRODUCED BELOW . 3. HENCEFORTH APPEALS/SLPS SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVEN HEREUNDER: - SL. NO. APPEALS IN INCOME - TAX MATTERS MONETARY LIMITS (IN RS.) 1. BEFORE APPELLATE TRIBUNAL 10,00,000 2. BEFORE HIGH COURT 20,00,000 3. BEFORE SUPREME COURT 25,00,000 ............................................................................................................................. .... 3 SHRI PRASANNA M. PUJARI ITA NO. 4943/MUM/2014 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 WITHDRAW N/ 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. (UNDERLINED FOR EMPHASIS BY US) 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISED IN THE APPEAL, WE DEEM THE APPEAL TO BE WITHDRAWN/NOT PRESSED AS ITS FILING IS IN CONTRAVENTION OF THE CBDT CIRCULAR DATED 10/12/2015(SUPRA). ACCORDINGLY, THE APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED BY APPLYING THE CBDT CIRCULAR DATED 10/12/2015(SUPRA) . ORDER PRONOUNCED IN THE OPEN COURT ON 1 0 /02/2016. SD/ - SD/ - ( SAKTIJIT DEY ) JUDICIAL MEMBER ( ASHWANI TANEJA ) ACCOUNTANT MEMBER MUMBAI, DATE : 2 ND MARCH , 2016 COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, C BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR *SSL* I.T.A.T, MUMBAI