DCIT CIRCLE-2, KALYAN, KALYAN V. M/S.GIRISON LIQUORS, MUMBAI

ITA 6017/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3762 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 26-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HIMANSHU SHARMA
• Keywords: Retrospective amendment; Tax effect
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'L' BENCH, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NOS. 6017 & 6018/MUM/2017 (ASSESSMENT YEARS: 2008-09 & 2013-14) DCIT, CIRCLE - 2 2ND FLOOR, MOHAN PLAZA KHADAKPADS, WAYALE NAGAR KALYAN (W) 421301 VS. M/S. GIRISON LIQUORS VICKY MAJOJ APARTMETNS NEAR KHERMANI BUS STAND ULHASNAGAR 421002 PAN AACFG6466E APPELLANT RESPONDENT APPELLANT BY: SHRI HIMANSHU SHARMA RESPONDENT BY: NONE DATE OF HEARING: 10.08.2018 DATE OF PRONOUNCEMENT: 10.08.2018 O R D E R PER G.S. PANNU, AM THESE CAPTIONED APPEALS FILED BY THE REVENUE PERTAI NING TO ASSESSMENT YEARS 2008-09 & 2013-14 ARE DIRECTED AGA INST THE ORDERS PASSED BY THE CIT(A)-3, THANE, MUMBAI WHICH IN TURN ARISES OUT OF AN ORDERS PASSED BY THE ASSESSING OFFICER UNDER SECTIO N 144 R.W.S. 147 OF THE INCOME TAX ACT, 1961. 2. THE CBDT, VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 , HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEP ARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF ` 20 LAKHS SPECIFIED IN THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). 3. IN THIS BACKGROUND, THE LEARNED D.R. APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED APPEALS ARE PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA). ITA NOS. 6017 & 6018/MUM/2017 M/S. GIRISON LIQUORS 2 4. WITHOUT GOING INTO THE MERIT OF THE ISSUE RAISED, THE CAPTIONED APPEALS ARE DEEMED TO BE WITHDRAWN/NOT PRESSED AS T HEIR FILING IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BEFORE PARTING WE MAY CLARIFY THAT IF ON A LATER DATE, THE REVENUE FINDS THAT FILING OF THE APPEALS IS PROTECTED BY THE EXCEPTIONS PROVI DED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA), IT SHALL BE AT LIBERTY TO AP PROACH THE TRIBUNAL FOR RECALL OF THE ORDER AND REINSTITUTION OF THE APPEAL S FOR ADJUDICATION ON MERITS. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATIO N, IF ANY, AS PER THE EXTANT LAW. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA), THE CAPTIONED APPEALS OF THE REVENUE ARE D ISMISSED AS WITHDRAWN/ NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING ON 10 TH AUGUST, 2018. SD/ - SD/ - (PAWAN SINGH) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 10 TH AUGUST, 2018 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -3, THANE 4. THE PR. CIT-III, THANE 5. THE DR, L BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.