ASSISTANT COMMISSIONER OF INCOME TAX 2(1)(2), MUMBAI V. ESTRELLA BATTERIES LIMITED, MUMBAI

ITA 6356/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1709 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 5 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: 26-10-2017
• 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. 6356 /MUM/ 2017 ( ASSESSMENT YEAR : 2010 - 11 ) ACIT - 2(1)(2) R.NO.561, 5 TH FLOOR AAYAKAR BHAVAN M.K. ROAD, MUMBAI - 400020 VS. M/S. ESTR ELLA BATTERIES LTD., 40, YUSUF BUILDING, 4 TH FLOOR VEER, NARIMAN ROAD, FORT MUMBAI 400 023 PAN/GIR NO. AABCE3092Q APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CHAITANYA ANJARIA ASSESSEE BY NONE DATE OF HEARING 1 0 / 08 /201 8 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 OF CIT(A) - 6 , MUMBAI DATED 28/08/2017 FOR A.Y. 2010 - 11 IN THE MATTER OF ORDER PASSED U/S. 143(3) R.W.S. 26 3 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 ABOVE APPEAL. IT IS 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 ITA NO. 6356/MUM/20 17 M/S. ESTRELLA BATTERIES LTD., 2 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ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 20 LA KH S SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7 .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 EXCEPTIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APP EAL 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 DEPARTMENT 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.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; D ATED 31 / 08 /2 01 8 KARUNA SR. PS ITA NO. 6356/MUM/20 17 M/S. ESTRELLA BATTERIES 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//