The ACIT, , Kochi V. M/s.Amalgam Foods & Beverages P. Ltd, Kochi

ITA 592/COCH/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8645 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2003-2004
• Appeal Filed On: 25-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRITUNJAYA SHARMA
• Keywords: Tax effect
• Section: 268A

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFOR E S/ SHRI CHANDRA POOJARI , AM & GEORGE GEORGE K., J M I .T . A. NO. 5 92 /COCH/2019 ASSESSMENT YEAR : 2 00 3 - 04 THE ASSISTANT COMMISSIONER OF I NCOME - TAX , CORPORATE CIRCLE - 1(1), KOCHI. VS. M/S. AMALGAM FOODS & BEVERAGES (P) LTD., AMALGAM HOUSE, BRISTOW ROAD, W/ISLAND, KOCHI - 682 003. [PAN:A A C C A 6850D] (REVENUE - APPELLANT) ( ASSESSEE - RESPONDENT) REVENUE BY SHRI MRITUNJAYA SHARMA. SR. DR ASSESSEE BY NONE D ATE OF HEARING 07/01/2020 DATE OF PRONOUNCEMENT 07/01/2020 O R D E R PER CHANDRA POOJARI, A M : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) - I, KOCHI DATED 18/07/2019 AND PERTAIN S TO THE ASSESSMENT YEAR 20 0 3 - 0 4. 2. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOUR NMENT APPLICATION WAS FILED BEFORE THE TRIBUNAL. HOWEVER, WE PROCEED TO DISPOSE OF THE APPEAL AFTER HEARING THE LD. DR. I.T.A. NO . 5 92/ COCH/201 9 2 3 . THERE WAS A DELAY OF THREE DAYS IN FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL. LD. DR HAS FILE D CONDONATION PETITION ACCOMPANIED BY AFFIDAVIT STATING THAT THE ORDER OF THE CIT(A) - I, KOCHI WAS RECEIVED BY THE PR. CIT, KOCHI - 1 ON 22/08/2019 AND THE LAST DATE OF FILING THE APPEAL WAS 21/10/2019. THE LD. DR SUBMITTED THAT THE SINCE THE STAFF WAS ENGAG ED IN A LARGE SCALE SEARCH OPERATION, THE FILING OF THE APPEAL WAS INADVERTENTLY MISSED OUT. THEREFORE, IN THE CIRCUMSTANCES, IT WAS PRAYED THAT THE DELAY OF THREE DAYS IN FILING THE APPEAL MAY BE CONDONED AND APPEAL MAY BE TAKEN ON FILES. 4. WE HAVE GONE THROUGH THE CONDONATION PETITION EXPLAINING THE REASONS FOR THE DELAY IN FILING THE APPEAL. WE FIND THERE IS GOOD AND SUFFICIENT CAUSE FOR FILING THE APPEAL BELATEDLY BEFORE THE TRIBUNAL. ACCORDINGLY, WE CONDONE THE DELAY OF THREE DAYS IN FILING THE APPEAL AND ADMIT THE APPEAL FOR ADJUDICATION. 5 . ON MERITS, WE HAVE HEARD THE LD. DR. IT IS OBSERVED THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN RS.50 LAKHS, AND THEREFORE, THE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019, IS SUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED U/S. 268A OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL(S) BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT AR E REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 2 OF THE SAID CIRCULAR SUPRA, IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEAL TO BE I.T.A. NO . 5 92/ COCH/201 9 3 FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS.50 LAKHS, APPEAL SHOULD NOT BE FILE D. THUS, TAKING A NOTE OF CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS.50 LAKHS, THE PRESENT APPEAL DESERVES TO BE DISMISSED, AS NOT MAINTAINABLE. HOWEVER, WE MAKE IT C LEAR THAT THE ISSUE ( S) RAISED IN THE INSTANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CIR CULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER, IF SO, ADVISED. 5.1 ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO. 17 /201 9 DATED 08/08/2019 , THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 6 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 7 TH JANUARY, 2020 SD/ - SD/ - ( GEORGE GEORGE K. ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 7 TH JANUARY, 2020 GJ COPY TO: 1 . M/S. AMALGAM FOODS & BEVERAGES (P) LTD., AMALGAM HOUSE, BRISTOW ROAD, W/ISLAND, KOCHI - 682 003. 2. THE ASSISTANT COMMISSIONER OF INCOME - TAX, CORPORATE CIRCLE - 1(1), KOCHI. 3. THE COMMISSIONER OF INCOME - TAX (AP P EALS) - I, KOCHI. I.T.A. NO . 5 92/ COCH/201 9 4 4. THE PR. COMMISSIONER OF INCOME - TAX, KOCHI - 1. 5. D. R., I.T.A.T., COCHIN BENCH, COCHIN. 6 . GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN