ACIT 13(2)(1), MUMBAI V. SMRUTA ENGINEERING INDUSRIES P.LTD, MUMBAI

ITA 4952/MUM/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9878 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 03-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABI RAMA KARTIKEYAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 4952 / MUM/20 16 ( ASSESSMENT YEAR : 2012 - 13 ) ACIT 13(2)(1), ROOM NO.146A, 1 ST FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 VS. M /S. SMRUTA ENGINEERING INDUSTRIES PVT. LTD., 501, SEVEN STAR APARTMENT JAIRAJ NAGAR, BORIVALI MUMBAI 400 092 PAN/GIR NO. AADCS8541G ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY SHRI ABI RAMA KARTIKEYAN ASSESSEE BY SHRI VIMAL PUNMIYA DATE OF HEARING 26 / 09 /201 8 DATE OF PRONOUNCEMENT 26 / 09 /201 8 / O R D E R PER R.C.SHARMA (A.M) : THIS IS AN APPEAL FILED BY REVENUE AGAINST THE ORDER OF CIT(A) - 21, MUMBAI DATED 16/05/2016 FOR A.Y.2012 - 13 IN THE MATTER OF ORDER PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961. 2. WE HAVE HEARD LD. 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 T. ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018 ITA NO. 4952/ MUM/2016 M/S. SMRUTA ENGINEERING INDUSTRIES PVT. LTD., 2 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ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 20 LA KH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7.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 APP EAL DOES NOT EXCEED THE LIMIT OF RS. 20 LA KH S AS SET OUT BY CBDT, SUCH APPEAL IS NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY THE 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 26 / 09 /201 8 SD/ - ( SANDEEP GOSAIN) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 2 6 / 09 /201 8 KARUNA SR. PS ITA NO. 4952/ MUM/2016 M/S. SMRUTA ENGINEERING INDUSTRIES PVT. 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//