DCIT11(1)(1), MUMBAI V. RENAISSANCE JEWELLERY LTD, MUMBAI

ITA 6307/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1725 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 18-10-2017
• 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. 6307/ MUM/ 2017 & 6129/MUM/2017 ( ASSESSMENT YEAR : 2014 - 15 & 2010 - 11 ) THE DY. COMMISSIONER OF INCOME TAX 11(1)(1) ROOM NO.204, AAYAKAR BHAVAN, M.K. MARG MUMBAI - 400 020 VS. M/S. RENAISSANCE JEWELLERY LTD., PLOT NO.36A & 37, MIDC MAROL, SEEPZ, ANDHERI (E) MUMBAI 400 0 96 PAN/GIR NO. AACCR2148B APPELLANT ) .. RESPONDENT ) 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) : THESE ARE THE APPEALS FILED BY THE REVENUE AG AINST THE ORDER OF CIT(A) - 18 , MUMBAI DATED 13/07/2017 FOR A.Y. 20 14 - 15 & 2010 - 11 IN THE MATTER OF ORDER PASSED U/S. 143(3) AND 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 OBSERVED THAT THE DEMAND/TAX EFFECT IN THE REVENUE APPEAL S IS NOT ITA NO. 6307/MUM/2017 & 6129/MUM/2017 M/S. RENAISSANCE JEWELLERY LTD., 2 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 AUTHORITIES BELOW THAT DEPARTM ENTAL 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 EXCEPTIONS, IT IS FURTHER D IRECTED 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ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAN D/TAX EFFECT IS LESS THAN 20 LAKH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7.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 COVERED 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 THE APPEAL S OF THE DEPART MENT 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.SHA RMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 31 / 08 /201 8 KARUNA SR. PS ITA NO. 6307/MUM/2017 & 6129/MUM/2017 M/S. RENAISSANCE JEWELLERY 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//