DCIT CIR 2(2)(2), MUMBAI V. MILTON PLASTICS LTD, MUMBAI

ITA 5626/MUM/2015

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8151 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 14-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T A KHAN
• Assessee Lawyers: K G BOHRA
• Keywords: Tax effect

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI B. R. BASKARAN , A M AND SHRI SANDEEP GOSAIN , J M ./ I.T.A. NO. 5626/MUM/2015 ( / ASSESSMENT YEAR: 2010 - 11 ) DC IT 2(2 ) (2) ROOM NO. 549, AAYAKAR BHAVAN, M. K. ROAD , MUMBAI / VS. MILTON PLASTICS LTD ASIAN BLDG, 4 TH FLOOR, 17 R KAMANI MARG, BALLARD ESTATE, MUMBAI . ./ ./ PAN/GIR NO. A AACM4047Q ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI T. A. KHAN / RESPONDENT BY : SHRI K. G. BOHRA / DATE OF HEARING : 21/12 /201 7 / DATE OF PRONOUNCEMENT : 21/12/2017 / O R D E R PER SANDEEP GOSAIN, J UDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS DIRECTE D AGAINST THE ORDER DATED 14.09.15 OF COMMISSIONER OF INCOME TAX (APPEALS) - 5 , MUMBAI (HEREINAFTER CALLED AS THE C IT(A) ) FOR ASSESSMENT YEAR 2010 - 11 . 2. AT THE OUTSET THE L D. AR OF THE ASSESSEE POINTED OUT THAT THE TAX EFFECT IN THIS APPEAL IS BEL OW RS.10.00 LAKHS . OUR ATTENTION WAS DRAWN BY THE LD. AR TOWARDS 2 ITA NO. 5626 /MUM/ 201 5 MILTON PLASTICS LTD THE CHART CONTAINING PARTICULARS OF THE TOTAL TAX IMPACT . THE TAX COMPUTATION ON THE SAME AS PER V. G. MEHTAS INCOME TAX READY RECKONER FOR AY 2009 - 10 IS RS. 9,88,194.44/ - I.E. LESS THAN 10 LAKHS AND FURTHER SUBMITTED THAT IN VIEW OF THE CBDT CIRCULAR NO.21/201 5, DATED 10.12.2015 BROUGHT OUT BY THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE , G OVERNMENT OF INDIA, THE APPEAL WA S NOT MAINTAINABLE AND BE DISMISSED. THE LD. DR ALSO AGREED TO THE SUBMISSION OF THE LD. AR. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. ALTHOUGH LD. DR HAS NOT DISPUTED THE CHART CONTAINING THE PARTICULARS OF TOTAL TAX IMPACT FILED BY THE ASSESSEE AND FURTHER WE ALSO FIND FROM THE RECORDS BEFORE US THAT THE TAX INVOLVED IN THE DISPUTED ISSUE IS BELOW RS.10 LACS AND THEREFORE, IN VIEW OF THE CIRCULAR NO 21/2015 DATED 10 TH DECEMBER, 2015 NO APPEALS SHOULD BE FILED BY THE REVENUE 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 RELEVANT EXTRACT THE SAID CBDT CIRCULAR (SUPRA) IS AS UNDER: - THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUC H APPEAL WAS FILED. 3 ITA NO. 5626 /MUM/ 201 5 MILTON PLASTICS LTD 4. CONSIDERING THE ABOVE, THE APPEAL FILED BY THE REVENUE, IS THEREFORE DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST DECEMBER , 201 7. SD/ - SD/ - ( B. R. BASKARAN ) (SANDEEP GOSAIN) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 21 .12 .2017 SR. PS DHANNAJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI. 4 ITA NO. 5626 /MUM/ 201 5 MILTON PLASTICS LTD