ITO 9(1)(4), MUMBAI V. AUTOMATIC TILES & MARBLES INDUSTRIES P.LTD, MUMBAI

ITA 6216/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1721 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 11-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN , JM ITA NO. 6216 /MUM/ 2017 ( ASSESSMENT YEAR : 2010 - 11 ) INCOME TAX OFFICER 9(1)(4), MUMBAI ROOM NO.260A, 2 ND FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI - 400 020 VS. M/S. AUTOMATIC TILES & MARBLES INDUSTRIES PVT. LTD., PLOT NO.13 - 14, SURVEY NO.79 MITTAL INDUSTRIAL ESTATE OPP. J.B. NAGAR, ANDHERI - KURLA ROAD ANDHERI (E), MUMBAI 400 059 PAN/GIR NO. AAACA4551H APPELLANT ) .. R ESPONDENT ) REVENUE BY SHRI CHAITANYA ANJARIA ASSESSEE BY NONE DATE OF HEARING 1 0 / 08 /2018 DATE OF PRONOUNCEMENT 31 / 08 /2018 / O R D E R PER R.C. SHARMA (A.M) : THIS IS AN APPEAL FILED BY THE REVENUE AG AINST THE ORDER O F CIT(A) - 16 , MUMBAI DATED 24/07/2017 FOR A.Y. 2010 - 11 IN THE MATTER OF ORDER PASSED U/S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961. 2. WE HAVE HEARD L D. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIALS AVAILABLE ON THE RECORD IN RESPECT OF THE ABOV E APPEAL. IT IS ITA NO. 6216/MUM/2017 M/S. AUTOMATIC TILES & MARBLES INDUSTRIES 2 OBSERVED THAT THE DEMAND/TAX EFFECT IN THE REVENUE AP PEAL IS NOT EXCEEDING RS. 20 LAKH 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 AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE 1TAT WHERE THE DEMAND/TAX EFF ECT DOES NOT EXCEED RS. 20 LAKH S. THE CIRCULAR SPECIFICALLY MENTIONS THAT THE INSTRUCTIONS ARE APPLICABLE TO ALL PENDING APPEALS ALSO. 6 . SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRECTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 20 LA KH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7 . THE PRESENT APPEAL IS NOT COVERED BY ANY E XCEPTIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APPEAL DOES NOT EXCEED THE LIMIT OF RS. 20 LA KH S AS SET OUT BY CBDT, SUCH APPEAL IS NOT MAINTAINABL E IN VIEW OF FORE GOINGS. ACCORD INGLY T H E APPEAL OF THE D EPARTMENT IS DISMISSED AS NOT PRESSED/WITHDRAWN AND HENCE INFRUCTUOUS. 8 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 / 08 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.S HARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 31 / 08 /201 8 KARUNA SR. PS ITA NO. 6216/MUM/2017 M/S. AUTOMATIC TILES & MARBLES INDUSTRIES 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//