ITO 9(1)(2), MUMBAI V. BDH INDUSTRIES LTD, MUMBAI

ITA 6533/MUM/2011

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3272 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-05-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 28-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PEEYUSH SONNAR
• Assessee Lawyers: G L NACHHARA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI R.C.SHARMA (AM) AND SHRI RAM LAL NEGI ( JM) ITA NO. 6533 /MUM/2011 ASSESSMENT YEAR: 2008-09 THE A CIT RG. - 9 (1 ) , ROOM NO. 223, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI- 400020. VS. M/S BDH INDUSTRIES LTD. NAIR BAUG, AKURLI ROAD, KANDIVALI (E), MUMBAI- 400101 . PAN- AAACB1720H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. PEEYUSH SONNAR RESPONDENT BY : SHRI. G.L. NACHHARA DATE OF HEARING: 07/12/2015 DATE OF PRONOUNCEMENT: 29/01/2016 O R D E R PER RAM LAL NEGI, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REV ENUE AGAINST IMPUGNED ORDER DATED 15/06/2011 PASSED BY THE CIT( A)-9, MUMBAI IN RESPECT OF THE ORDER OF ASSESSMENT PASSED U/S 14 3(3) FOR THE ASSESSMENT YEAR 2008-09, ON THE FOLLOWING GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 26,06,050/- FROM TOTAL PURCHASES, ON ESTIMATED BASI S, WITHOUT APPRECIATING THE FACT THAT THE ASSESSEE HAS FAILED TO SUBMIT DETAILS LIKE ITEM, VALUE, QUANTITY OF OPENING AND C LOSING STOCK SUMMARY OF RG-23 AND PLA REGISTER, THOUGH ASSESSED 2 ITA NO. 6533 /MUM/2011 ASSESSMENT YEAR: 2008-09 MAINTAINS BIN CARD BUT THE SAME IS HAND WRITTEN A ND REMAINS UNVERIFIABLE. 2. THE APPELLANT PRAYS THAT THE ORDER OF THE CIT(A) ON THE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFI CER BE RESTORED. 3. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER ANY GROUND OR ADD A NEW GROUND THAT MAY BE NECESSARY. 2. AT THE OUTSET, IT IS NOTICED THAT, THE DISPUTE D ISSUE IS ONLY FOR RS. 26,06,050/- AND THE TAX EFFECT ON THIS AMOUNT IS M UCH BELOW THE SPECIFIED MONETARY LIMIT OF RS. 10 LAKHS. AS PER TH E LATEST CBDT CIRCULAR NO. 21 OF 2015, DATED 10 TH DECEMBER, 2015, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTM ENT HAS BEEN ISSUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT RS. 10 LAKHS. IN THE SAID CIRCULAR, I T HAS BEEN SPECIFICALLY CLARIFIED THAT THE SAID INSTRUCTION WILL APPLY RETR OSPECTIVELY TO ALL THE PENDING APPEALS. ACCORDINGLY, THE APPEAL FILED BY T HE REVENUE IS NOT MAINTAINABLE AND IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH JANUARY, 2016 SD/- SD/- ( R.C.SHARMA ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 29/01/2016 3 ITA NO. 6533 /MUM/2011 ASSESSMENT YEAR: 2008-09 / 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// , ,, ,/ // /+- . +- . +- . +- . (DY./ASSTT. REGISTRAR) %' %' %' %', , , , / ITAT, MUMBAI PRAMILA