ACIT CIR -7(1)(2), MUMBAI V. M/S.HONEYCOMB LOGISTICS PRIVATE LIMITED, MUMBAI

ITA 6266/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8690 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2013-2014
• Appeal Filed On: 01-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M RAJAN
• Keywords: Tax effect

Judgement Text

1 ITA 6266/MUM/2018 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) AND SHRI PAWAN SINGH (JUDICIAL MEMBER) ITA NO. 6266/MUM/2018 (ASSESSMENT YEAR : 2013-14) DCIT, CIR.7(1)-2, MUMBAI VS M/S HONEYCOMB LOGISTIC S PVT LTD CFS ZONE, ADANI PORT LTD, MUNDRA, KUTCH. PAN : AABCH6649G APPELLANT RESPONDEDNT APPELLANT BY SHRI M RAJAN, DR RESPONDENT BY SHRI MADHUR AGARWAL, AR DATE OF HEARING 12-09-2019 DATE OF PRONOUNCEMENT 12-09-2019 O R D E R PER PAWAN SINGH, JM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A)-13, MUMBAI DATED 20-07-2018 FOR THE ASSESSME NT YEAR 2013-14. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 'WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE LD. CIT(A) ERRED IN ALLOWING DEDUCTION U/S 80IA(4) IN R ESPECT BUSINESS SUPPORT SERVICES INCOME OF RS. 69,87,814 DERIVED FROM FACIL ITY OF REPAIRING & WASHING OF THE EMPTY CONTAINERS IN THE ASSESSEE CONTAINER FREI GHT STATION (CFS) AREA AND AUCTION INCOME RS. 32,80,186/- DERIVED FROM CHARGES RECEIVED FROM AUCTION BID FOR SALE OF CARGO & CONTAINERS REMAINING UNCLAIMED IN THE ASSESSEE CONTAINER FREIGHT STATION (CFS) AREA BEYOND 30 DAYS.' 'WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE LD. CIT(A) ERRED IN ALLOWING RELIEF TO THE ASSESSEE WITHOUT DISTINGUISHING THE FACTS OF THE CASE: WHEREAS THE AO HAD MADE DISALLOWANCE ON THE BASIS OF MATERIAL AND FACTS OF THE CASE.' 2 ITA 6266/MUM/2018 2. THE LD.AR OF THE ASSESSEE, AT THE OUTSET, HAS BR OUGHT TO OUR NOTICE THAT TAX EFFECT INVOLVED IN THIS APPEAL BELOW THE MONETA RY LIMIT PRESCRIBED BY THE CBDT IN ITS CIRCULAR NO.19/2019 DATED 08-08-2019. THE LD.AR OF THE ASSESSEE HAS PLACED A CHART SHOWING THE TAX EFFECT INVOLVED IN THE ISSUES AGITATED BY THE REVENUE, AS PER WHICH THE TAX EFFEC T COMES TO RS.31,72,812 (COPY PLACED ON RECORD) AS AGAINST THE MONETARY LIM IT PRESCRIBED BY THE CBDT OF RS.50 LAKHS FOR FILING APPEAL BEFORE THE TR IBUNAL. THE LD.DR HAS NOT DISPUTED THIS POSITION. THEREFORE, IN VIEW OF THE CIRCULAR OF THE CBDT NO.19/2019 DATED 08-08-2019, AND IN VIEW OF THE AGR EED PROPOSITION, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAI NTAINABLE. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12-09-2019. SD/- SD/- (SHAMIM YAHYA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIALMEMBER MUMBAI, DT : 12 TH SEPTEMBER, 2019 PK/- COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI