JCIT 24(2), MUMBAI V. SHAZAD S. RUSTOMJI, MUMBAI

ITA 5276/MUM/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3355 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 16-11-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 22-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K MOHANDA S
• Assessee Lawyers: S A TINWALA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI SANJAY ARORA (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 5276/MUM/2012 ASSESSMENT YEAR: 2008-09 THE DY. CIT, 24( 2 ) , C-13, 6 TH FLOOR, PRATYAKSHKAR BHAVAN, BKC, BANDRA(E), MUMBAI- 400051. VS. SHRI. SHAZAD S. RUSTOMJI, 4, ORBIT INDL. ESTATE OFF, MALAD LINK ROAD, MALAD(W), MUMBAI- 400064. PAN- AACPR9139D (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. K.MOHANDAS RESPONDENT BY : SHRI. S.A.TINWALA DATE OF HEARING: 23/05/2016 DATE OF PRONOUNCEMENT: 23/05/2016 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAI NST ORDER DATED 26/06/2012 PASSED BY THE LD CIT(A)-34, MUMBAI FOR THE ASSESSME NT YEAR 2008-09. 2. THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER O N FOLLOWING EFFECTIVE GROUND:- 1. ON THE FACTS IN THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 10,55,925/- M ADE BY THE AO ON ACCOUNT OF TRANSPORT CHARGES U/S 40(A)(IA), WITHOUT APPRECIATING THAT THE ASSESSEE SHOULD HAVE DEDUCTED TDS IN ACCORDANCE WIT H THE PROVISIONS OF SECTION 194 OF THE I.T.ACT, 1961. 2 ITA NO. 5276/MUM/2012 ASSESSMENT YEAR: 2008-09 3 AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ADDITION INVOLVED IN THIS CASE (ON RECORD ON ACCOUN T OF TRANSPORT CHARGES U/S 40(A)(IA) OF THE INCOME TAX ACT, 1961) IS RS. 10,55,925/-TAX EFFECT IN THIS CASE IS BELOW 10 LAKHS AND AS PER TH E CBDT CIRCULAR NO. 21 OF 2015, DATED 10/12/2015, THE PRESENT APPEAL IS NOT MAINTAINABLE. 4. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT I N DEPARTMENTS APPEAL IS BELOW 10 LAKHS, WE FIND THAT THE ISSUE RAISED IN APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN PARA 8 OF THE CIRCULAR. SINCE, IT HAS BEEN SPECIFICALLY CLARIFIED IN THE CIRCULAR AFO RESAID THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE P ENDING APPEALS; THE PRESENT APPEAL FILED BY THE REVENUE IS NOT MAINTAIN ABLE. WE, THEREFORE, DISMISS THE SAME IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD MAY, 2016 SD/- SD/- ( SANJAY ARORA ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 23/05/2016 3 ITA NO. 5276/MUM/2012 ASSESSMENT YEAR: 2008-09 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. !' , $ !'% , / DR, ITAT, MUMBAI 6. &' ( / GUARD FILE. / BY ORDER, ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI PRAMILA