DCIT 10(1), MUMBAI V. SUNDARAM MULTIPAP LTD, MUMBAI

ITA 5332/MUM/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3420 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 04-06-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 01-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LOVE KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUM BAI BEFORE SHRI C.N. PRASAD, JM AND SHRI RAJESH KUMAR, AM ./ I.T.A. NO.5332/MUM/2013 ( / ASSESSMENT YEAR: 2010-11) THE D.C.I.T-10 (1), 455, AAYAKAR BHAVAN, 4 TH FLOOR, M.K. MARG, MUMBAI-400 020. / VS. M/S. SUNDARAM MULTIPAP LTD. 903, DEV PLAZA, OPP. PETROL PUMP, S.V. ROAD, NEAR SHOPPERS STOP, ANDHERI(W), MUMBAI-400 058. ./ ./PAN/GIR NO. AADCS 7829K ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI LOVE KUMAR / RESPONDENT BY : SHRI ANUJ KISNADWALA / DATE OF HEARING : 20/01/2016 !'# / DATE OF PRONOUNCEMENT : 21/01/2016 $% / O R D E R PER RAJESH KUMAR, A. M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 07.05.2013 OF COMMISSIONER OF INCOME TAX (APPEALS)-21, MUMBAI (HE REINAFTER CALLED AS THE CIT(A) ) FOR ASSESSMENT YEAR 2010-11. 2 ITA NO.5332/MUM/2013 D.C.I.T VS .M/S. SUNDARAM MULTIPAP LTD 1. ON THE FACTS AND THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE LD. CIT(A) ERRED IN DELETING ADDITION OF RS.16,80,269/- U/S.14 A WITHOUT APPRECIATING HE FACT THAT THE PROVISION OF RULE 8D IS MANDATORY FRO M THE A.Y. 2008-09 ONWARDS. 2. ON THE FACTS AND THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE LD. CIT(A) ERRED IN DELETING ADDITION OF RS.1,27,340/- REPRESE NTING DELAYED PAYMENTS OF EMPLOYEES CONTRIBUTION TO PF& ESIC RELYING ON THE DECISION OF THE APEX COURT IN THE CASE OF ALOM EXTRUSION VS. CIT(319 ITR 306) WHICH SPEAKS OF EMPLOYERS CONTRIBUTION ONLY. 2. AT THE OUTSET THE LD. AR OF THE ASSESSEE POINTED OUT THAT THE TAX EFFECT IN THIS APPEAL WAS BELOW RS.10.00 LAKHS AND FURTHER SUBMITT ED THAT IN VIEW OF THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 BROUGHT OUT BY THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FI NANCE, GOVERNMENT OF INDIA, THE APPEAL WAS NOT MAINTAINABLE AND BE DISMISSED. T HE LD. DR ALSO AGREED TO THE SUBMISSION OF THE LD. AR. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND FROM THE RECORDS BEFORE US THAT THE TAX INV OLVED IN THE DISPUTED ISSUE IS BELOW RS.10 LACS AND THEREFORE, IN VIEW OF THE CIRC ULAR NO 21/2015 DATED 10 TH 3 ITA NO.5332/MUM/2013 D.C.I.T VS .M/S. SUNDARAM MULTIPAP LTD DECEMBER, 2015 NO APPEAL SHOULD BE FILED BY THE REV ENUE BEFORE THE TRIBUNAL WHICH HAS TAX EFFECT OF RS. 10.00 LACS OR LESS AND THIS CIRCULAR IS ALSO APPLICABLE RETROSPECTIVELY TO ALL PENDING APPEALS. THE RELEVAN T EXTRACT THE SAID CBDT CIRCULAR (SUPRA) IS AS UNDER:- THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PEN DING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDI NG APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRA WN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE IN STRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 4. CONSIDERING THE ABOVE, THE APPEAL FILED BY THE R EVENUE, IS THEREFORE DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21ST JANUARY, 2016 SD/- SD/- (C.N. PRASAD) (RAJESH KUMA R) &' $ / JUDICIAL MEMBER $ / ACCOUNTANT MEMBER ( ) MUMBAI; *$ DATED : 21 .01.2016 PS. ASHWINI GAJAKOSH 4 ITA NO.5332/MUM/2013 D.C.I.T VS .M/S. SUNDARAM MULTIPAP LTD / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. + ( ) / THE CIT(A) 4. + / CIT - CONCERNED 5. ./0 ''12 , 12# , ( ) / DR, ITAT, MUMBAI 6. 045 6 / GUARD FILE / BY ORDER, / !'# (DY./ASSTT. REGISTRAR) #$ %, ( ) / ITAT, MUM BAI