ACIT 6(3), MUMBAI V. MAFATLAL INDUSTRIES LTD, MUMBAI

ITA 5268/MUM/2011

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7464 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 18-05-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 11-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D , MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO. 5268 /M UM /20 11 ASSESSMENT YEAR: 2005 - 0 6 ACIT , CIR 6(3), MUMBAI VS. M/S. MAFATLAL INDUSTRIES LTD . 1 ST FLOOR, BACKBAY RECLAMATION, H.T PAREKH MARG, MUMBAI, PIN - 400020. PAN: AAACM2813L (APPELLANT) (RESPONDENT) PRESENT FOR: APPELLANT BY : SMT JOTHILAKSHMI NAYAK, SR. DR RESPONDENT BY : SHRI GIRISH DAVE DA TE OF HEARING : 0 9 .01.2020 DATE OF PRONOUNCEMENT : 28 .01 . 20 20 O R D E R PER RAJESH KUMAR , ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASS ESSEE AGAINST THE ORDER DATED 30.03.2011 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HE REINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2005 - 0 6. 2. AT THE OUTSET, IT IS NOTICED THAT THE CBDT RECENTLY HAS AMENDED THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 VIDE CIRCULAR NO. 17/2019 , F.NO. 279/MISC.142/2007 - ITJ(PT.) DATED 08. 08.2019 INCREASING THE LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE INCOME TAX APPELLATE TRIBUNAL TO RS.50 LACS IN EACH OF THE CASE. WE NOTED THAT EARLIER CIRCULAR NO. 3 OF 2018 WAS MADE APPLICABLE TO PENDING APPEALS ALSO AND THIS CLAUSE OF THE CIRCULA R REMAINS UNCHANGED EVEN ITA NO.5268/MUM/ 2011 M/S. MAFATLAL INDUSTRIES LTD. 2 AFTER THE AMENDMENT. ADMITTEDLY, IN THIS CASE TAX EFFECT IS BELOW PRESCRIBED LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL BY THE REVENUE I.E. RS.50 LACS. 2 . WHEN THIS WAS CONFRONTED TO THE LEARNED SR. DEPARTMENTAL REPRESENTATIVE, HE COULD NOT POINT OUT THAT THIS APPEAL FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN CIRCULAR NO. 17 OF 2019. ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL OF REVENUE IS MUCH BELOW THE PRESCRIBED LIMIT OF FILING APPEAL BEFORE THE TRIBUNAL I.E. RS.50 LACS AS P ER CBDT CIRCULAR NO. 17 OF 2019 . IN VIEW OF THE ABOVE, THIS APPEAL OF REVENUE IS DISMISSED AS WITHDRAWN IN VIEW OF CIRCULAR NO. 1 7 OF 2019 . 3 . NOW, BEFORE US, THE LEARNED CIT DEPARTMENTAL REPRESENTATIVE ONLY REQUESTED THAT HE WANT TO VERIFY WHETHER THIS APPEA L FALLS UNDER ANY OF THE EXPLANATION PROVIDED IN CBDT CIRCULAR NO. 3/2018. HERE, WE ARE OF GIVING LIBERTY TO REVENUE THAT IN CASE, AFTER PASSING OF THE ORDER IT COMES TO THE NOTICE OF THE REVENUE THAT THIS APPEAL DOES NOT FALLS UNDER ANY EXPLANATION OF THE CBDT BY 3/18, THE AO CAN MOVE FOR RECALLING OF THE ORDER WITHIN THE PRESCRIBED TIME LIMIT UNDER SECTION 254 OF THE ACT. HENCE, THIS APPEAL IS DISMISSED AS LOW TAX EFFECT COVERED BY CBDT CIRCULAR NO. 17/2019. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.01 . 20 20 . SD/ - SD/ - ( SAKTIJIT DEY ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 29 .01 . 2020 . RS , SR. P.S. ITA NO.5268/MUM/ 2011 M/S. MAFATLAL INDUSTRIES LTD. 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT ( A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. DATE INITIAL WHETHER DICTATION PAD ENCLOSED WITH THE FILE : YES/NO (AS THE ORDER HAS BEEN TYPED WITH THE HELP OF MANUSCRIPT) 1. DRAFT DICTATED ON SR.PS 2. DRAFT PLACED BEFORE AUTHOR SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. AP PROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. DATE OF PRONOUNCEMENT SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER