DEPUTY COMMISSIONER OF INCOME TAX 8(1)(2), MUMBAI V. SABERO ORGANICS GUJARAT LIMITED , MUMBAI

ITA 5605/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9474 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 04-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA L D
• Keywords: Tax effect

Judgement Text

M/S. SABERO ORGANICS GUJARAT LTD. ASSESSMENT YEARS: 2010-11 TO 2013-14 1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5605 TO 5607/MUM/2017 ( / ASSESSMENT YEAR: 2010-11 TO 2012-13) & ./ I.T.A. NO.6436/MUM/2017 ( / ASSESSMENT YEAR: 2013-14) D CIT - 8(1)(2 ) ROOM NO.651, 6 TH FLOOR AAYKAR BHAVAN, MK ROAD MUMBAI-400 020. / VS. M/S. SAB ERO ORGANICS GUJARAT LTD . (NOW KNOWN AS COROMANDEL INTERNATIONAL LTD.) OFFICE NO.504, 5 TH FLOOR, EASTER COURT SION-TROMBAY ROAD, OPP. WASAN MOTORS CHEMBUR, MUMBAI-400 071. !' ./ ./PAN/GIR NO. AABCS-5313-C ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : EMAIL DATED 05/01/2021 REVENUE BY : SHRI T.S. KHALSA-LD.SR. DR / DATE OF HEARING : 06/01/2021 / DATE OF PRONOUNCEMENT : 06/01/2021 / O R D E R PER BENCH 1. AFORESAID APPEALS BY REVENUE FOR ASSESSMENT YEAR S 2010-11 TO 2013-14, CONTESTS SEPARATE ORDERS OF LEARNED FIR ST APPELLATE AUTHORITY ON CERTAIN GROUNDS OF APPEAL. 2. THE ASSESSEE, VIDE EMAIL DATED 05/01/2021, HAS S UBMITTED THAT THE TAX EFFECT OF QUANTUM ADDITIONS UNDER DISP UTE IN REVENUES M/S. SABERO ORGANICS GUJARAT LTD. ASSESSMENT YEARS: 2010-11 TO 2013-14 2 APPEALS FOR AYS 2010-11 & 2012-13 IS BELOW RS.50 LA CS AND ACCORDINGLY, THE SAME ARE LIABLE TO BE DISMISSED IN TERMS OF LATEST LOW TAX EFFECT CIRCULAR ISSUED BY CBDT. IT HAS FURTHER BEEN SUBMITTED THAT THE ASSESSEE HAS ALREADY FILED APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME) 2020 FOR AYS 2011-12 & 2013-14 . THE COPY OF THE DECLARATION HAS ALSO BEEN FILED. THE LD. DR FAIRLY ACQUIESCED TO THE SUBMISSIONS BUT PLEADED FOR LIBERTY OF RESTORATION OF APPEALS IN CASE THE AFORE SAID DECLARATIONS ARE NOT ACCEPTED FOR AYS 2011-12 & 2013-2014 OR IN CASE THE APPEALS FOR AYS 2010-11 & 2012-13 ARE FOUND TO BE C OVERED BY ANY OF THE EXCEPTION GIVEN IN CIRCULAR. 3. IN VIEW OF THE FOREGOING, SINCE UNDISPUTEDLY THE TAX EFFECT OF QUANTUM ADDITIONS UNDER DISPUTE FOR AYS 2010-11 & 2 012-13 IS BELOW THRESHOLD LIMIT OF RS.50 LACS, THE APPEALS AR E NOT MAINTAINABLE IN TERMS OF LOW TAX EFFECT CIRCULAR NO . 17/2019 DATED 08/08/2019 ISSUED BY CBDT. HOWEVER, LIBERTY IS GIVE N TO REVENUE TO SEEK RECALL OF ANY OF THE APPEAL, IF THE MATTER IS FOUND TO BE COVERED BY ANY OF THE EXCEPTIONS OR IN CASE THE TAX EFFECT, IN ANY OF THE APPEAL, EXCEEDS THE PRESCRIBED MONETARY LIMIT. BOTH THE APPEALS STAND DISMISSED. 4. THE REVENUES APPEALS FOR AYS 2011-12 & 2013-14 WOULD BECOME INFRUCTUOUS SINCE THE ASSESSEE HAS ALREADY O PTED FOR VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 BY FILING REQUISITE DECLARATIONS. HOWEVER, AN OPPORTUNITY IS GIVEN TO R EVENUE TO SEEK RESTORATION OF THE APPEALS, IN CASE THE DECLARATION S ARE NOT ACCEPTED, FOR WHATEVER REASONS. M/S. SABERO ORGANICS GUJARAT LTD. ASSESSMENT YEARS: 2010-11 TO 2013-14 3 5. TO CONCLUDE, ITA NOS. 5605/MUM/2017 & 5607/MUM/2 017 FOR AYS 2010-11 & 2012-13 STANDS DISMISSED WHEREAS ITA NOS. 5606/MUM/2017 & ITA 6436/MUM/2017 FOR AYS 2011-12 & 2013- 14 STAND DISMISSED AS BEING INFRUCTUOUS. ORDER PRONOUNCED ON 06 TH JANUARY, 2021. SD/- SD/- (MAHAVIR SINGH) (MAN OJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 06/01/2021 SR.PS, JAISYVARGHESE / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. - ( ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./% ( 0 , 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.