D.C.I.T. CIRCLE - 11(2)(2), MUMBAI V. M/S. SRIDEVI TOOL ENGINEERS PVT. LTD., MUMBAI

ITA 6186/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1720 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 09-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: RAJEEV CHATURVEDI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 6186 /MUM/ 2017 & 6187/MUM/2017 ( ASSESSMENT YEAR : 2010 - 11 & 2011 - 12 ) D.C.I.T. CIRCLE 11 - (2)(2) 421, 4 TH FLOOR AAYAKAR BHAVAN, M. K.ROAD, MUMBAI 400 020 VS. M/S. SRIDEVI TOOL ENGINEERS PVT. LTD., A - 61, NANDJYOT INDUSTRIAL ESTATE, ANDHERI KURLA ROAD SAFED POOL, ANDHERI (E) MUMBAI - 400072 PAN/GIR NO. AAACS6211N APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CH AITANYA ANJARIA ASSESSEE BY SHRI RAJEEV CHATURVEDI DATE OF HEARING 1 0 / 08 /2018 DATE OF PRONOUNCEMENT 31 / 08 /2018 / O R D E R PER R.C. SHARMA (A.M) : THESE ARE THE APPEALS FILED BY THE REVENUE AG AINST THE ORDER OF CIT(A) - 18 , MUMBAI DATED 26/05/2017 FOR A.Y. 2010 - 11 & 2011 - 12 IN THE MATTER OF ORDER PASSED U/S. 143(3)R.W.S. 147 OF THE INCOME TAX ACT, 1961. 2. WE HAVE HEARD LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIALS AVAILABLE ON THE RECORD IN RESPECT OF THE ABOVE APPEAL S . IT IS ITA NO. 6186/MUM/2017 & 6187/MUM/2017 SRIDEVI TOOL ENGINEERS PVT. LTD., 2 OBSERVED THAT THE DEMAND/TAX EFFECT IN THE REVENUE APPEAL S IS NOT EXCEEDING RS. 20 LA KH S. UNDER THE POWER VESTED BY SEC. 268A(1) OF THE I T. ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018 INSTRUCTING THE AUTHOR ITIES BELOW THAT DEPARTMENTAL APPEAL S SHOULD NOT BE FILED BEFORE 1TAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS. 20 LA KH S. THE CIRCULAR SPECIFICALLY MENTIONS THAT THE INSTRUCTIONS ARE APPLICABLE TO ALL PENDING APPEALS ALSO. 6. SUBJECT TO SOME EXC EPTIONS, IT IS FURTHER DIRECTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAN D/TAX EFFECT IS LESS THAN 20 LAKH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7. THE PRESENT APPEAL S ARE NOT CO VERED BY ANY EXCEPTIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THESE DEPARTMENTAL APPEAL S DO ES NO T EXCEED THE LIMIT OF RS. 20 LAKH S AS SET OUT BY CBDT, SUCH APPEAL S ARE NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY T HE APPEAL S OF THE DEPARTMENT ARE DISMISSED AS NOT PRESSED/WITHDRAWN AND HENCE INFRUCTUOUS. 8. IN THE RESULT, THE APPEAL S OF REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 / 08 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 31 / 08 /201 8 KARUNA SR. PS ITA NO. 6186/MUM/2017 & 6187/MUM/2017 SRIDEVI TOOL ENGINEERS PVT. LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//