PR. CIT 9, MUMBAI V. ASCENT HYDRO PROJECTS PVT. LTD., MUMBAI

ITA 6426/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9804 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 06-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHRI
• Keywords: Tax effect
• Section: 13

Judgement Text

ITA NO.6426/MUM/2018 A.Y. 2011 - 12 DCIT CIRCLE 9(1)(2) VS ASCENT HYDRO PROJECT PVT. LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 6426 /MUM/2018 (ASSESSMENT YEAR: 2011 - 12 ) DCIT CIRCLE 9(1)(2), ROOM NO. 210A, 2 ND FLOOR, AAYKAR BHAWAN, M.K ROAD, MUMBAI 400 0 20. VS. ASCENT HYDRO PROJECTS PVT. LTD., 6, SHIV WASTU, TEJPAL SCHEME, ROA D NO. 5, VILE PARLE (E), MUMBAI - 400 057 PAN NO. AAFCA1454N APPELLANT RESPONDENT REVENUE BY : SHRI RAVINDER SINDHU , D.R ASSESSEE BY : SHRI PANKAJ JAIN , A.R DATE OF HEARING : 14 / 01 /20 20 DATE OF PRONOUNCEMENT : 14 / 01 /20 20 ORDER PER RAVISH SOOD, JM THE PRESENT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISS IONER OF INCOME TAX (APPEALS) - 1 6 , [FOR S HORT CIT(A)], MUMBAI, DATED 30.08. 2018 , WHICH IN TURNS ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SECTION 143 (3) R.W.S 147 OF THE INCOME TAX ACT 1 961, (FOR SHORT ACT), DATED 31.03. 2016. 2. CENTRAL BOARD OF DIRECT TAXES (CBDT) VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019 HAS AMENDED CIRCULAR NO. 3/2018 DATED 11.07.2018 FOR FURTHER ENHANCEMENT OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT, HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT AS MEASURES FOR REDUCING LITIGATION. 3. CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 HAS SPECIFIED THAT APPEALS SHALL NOT BE FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL (ITAT) IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE M ONETARY LIMIT OF RS.20,00,000/ - . FOR THIS PUR POSE , TAX EFFECT MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF ISSUES AG AINST WHICH APPEAL IS INTENDED TO BE FILED. ITA NO.6426/MUM/2018 A.Y. 2011 - 12 DCIT CIRCLE 9(1)(2) VS ASCENT HYDRO PROJECT PVT. LTD. 2 FURTHER, TAX EFFECT SHALL BE TAXES INCLUDING APPLICABLE SURCHARGE AND CESS. HOWEVER, THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHARG EABILITY OF INTEREST IS THE ISSUE UNDER DISPUTE, THE AMOUNT OF INTEREST SHALL BE THE TAX EFFECT . IN CASES WHERE RETURNED LOSS IS REDUCED OR ASSESSED AS INCOME, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS. IN CASE OF PENALTY ORDER, T HE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDUCED IN THE ORDER TO BE APPEALED AGAINST. AT PARA 13 OF THE ABOVE CIRCULAR, IT HAS BEEN MENTIONED THAT: 13. THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTION/REFERENCES TO BE FILED HENCE FORTH IN SC/HCS/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. AS A STEP TOWARDS FURTHER MANAGEMENT OF L ITIGATION, CBDT VIDE CIRCULAR NO. 17/2019 HAS FIXED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE ITAT AT RS.50,00,000/ - . 5. IN THE INSTANT APPEAL FILED BY THE DEPARTMENT, THE TAX EFFECT INVOLVED IS BELOW THE MONETARY LIMIT OF RS.50,00,000/ - . IN SUPPORT OF THE SAID FACT THE LD. A.R HAD PLACED ON RECORD A WORKING OF THE TAX EFFECT , WHICH DULY SUBSTANTIATES THE AFORESAID FACTUAL POSITION. THE SAME WAS BROUGHT TO THE NOTICE OF THE LD. DEPARTMENTAL REPRESENTATIVE (DR) , WHO HAD ADMITTED THE SAID FACT. 6. BEFORE US, THE LD. D . R SUBMITS THAT LIBERTY MAY KINDLY BE GIVEN TO RAISE, AFTER NECESSARY FURTHER VERIFICATION AND TO SEEK RECALL OF THE DISMISSAL OF APPEAL AND ITS RESTORATION, IN CASE IT CAN BE SHOWN THAT THE APPEAL IS COVERED BY THE EXCEPTIONS . 7. WE AGREE WITH THE ABOVE CONTENTIONS OF THE LD. DR AND MAKE IT CLEAR THAT THE APPELLANT SHALL BE AT LIBERTY TO POINT OUT THE EXCEPTIONS AND WE WILL TAKE APPROPRIATE REMEDIAL MEASURES IN THIS REGARD. 8. WITH THE ABOVE OBSERVATIONS THE APPEAL INVOLVING A TAX EFFECT OF LESS THAN RS.50,00,000/ - IS DISMISSED. ORDER PR O NOUNCED IN THE OPEN COURT ON 14 / 01 /20 20 . SD/ - SD/ - ( SHAMIM YAHYA ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 14 / 01 /20 20 ROHIT, P.S. ITA NO.6426/MUM/2018 A.Y. 2011 - 12 DCIT CIRCLE 9(1)(2) VS ASCENT HYDRO PROJECT PVT. LTD. 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI