DCIT 1(3)(2), MUMBAI V. THE WEST COAST PAPER MILLS LTD, MUMBAI

ITA 6588/MUM/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9107 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 10-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , E BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO. 6588/MUM/2016 FOR ASSESSMENT YEARS: 2012-13 DCIT- 1(3)(2), ROOM NO. 540, 5 TH FLOOR, AAYAKAR BHAWAN, M.K. ROAD, MUMBAI-400020. VS M/S THE WEST COAST PAPER MILLS LTD., 3 RD FLOOR, SHREENIWAS HOUSE, HAZARIMAL SOMANI MARG, FORT, MUMBAI-400001. PAN : AAJACT4179N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI AMIT PRATAP SINGH ( DR) RESPONDENT BY : SHRI ALPESH DHARAD (AR) DATE OF HEARING : 30/09/2019 DATE OF PRONOUNCEMENT: 30/09/2019 ORDER UNDER SECTION 254(1) O F INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THIS APPEAL BY REVENUE UNDER SECTION 253 OF INCOME TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-3, [CIT(A)], MUMBAI DATED 29.08.2016, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED UNDER SECTION 143(3) RWS 147 DATED 25.03.201 5 FOR ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORIZED REPRES ENTATIVE (AR) OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS ONLY OF RS. 13,50,386/- WHICH IS BELOW RS. 50,00,000/- I.E. THE MONETARY LIMIT PRESCRIBED BY CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019. THEREFORE, EITHER THE REVENUE SHOULD WITHDRAW THE PRESENT APPE AL OR IT MAY BE DISMISSED. ITA NO. 6588 MUM 2016-M/S THE WEST COAST PAPER MILL S LTD. 2 THE LD AR FOR THE ASSESSEE ALSO FURNISHED THE WORKI NG OF THE TAX EFFECT IN THE APPEAL, COPY OF WHICH IS SUPPLIED TO THE LD DR FOR THE REVENUE. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTA TIVE (DR) FOR THE REVENUE AFTER GOING THROUGH THE GROUNDS OF APPEAL AND THE W ORKING OF THE TAX EFFECT FURNISHED BY THE LD AR FOR THE ASSESSEE, SUBMITTED THAT THOUGH THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MON ETARY LIMIT OF TAX EFFECT FIXED BY CBDT IN A RECENT CIRCULAR, HOWEVER, THE RE VENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVED IN CASE AT THE LA TER STAGE IT IS DISCOVERED THAT THE GROUND OF APPEAL IS COVERED BY ANY EXCEPTION CL AUSE OF CBDT CIRCULAR NO. 3/2018 DATED 1 1TH JULY 2018 OR THE TAX EFFECT ID MORE THAN RS. 50 LA KHS. 4. CONSIDERING THE SUBMISSIONS OF BOTH THE LD. REPRESE NTATIVES OF THE PARTIES, WE FIND THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF RS. 50,00,000/- FIXED BY CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019, THEREFORE, THE APPEAL OF REVENUE IS DI SMISSED BEING NOT MAINTAINABLE. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVED IN CASE, IF IT IS DISCOVERED THAT THE PRESENT APPEA L IS COVERED BY ANY EXCEPTION CLAUSE OF CBDT CIRCULAR NO.3/2018 DATED 11 TH JULY 2018. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT O N THIS 30/09/2019. SD/- SD/- (RAJESH KUMAR (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMB ER MUMBAI, DATE: 30.09.2019 SK COPY FORWARDED TO: ITA NO. 6588 MUM 2016-M/S THE WEST COAST PAPER MILL S LTD. 3 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT BY ORDER ASSISTANT REGISTRAR IT AT MUMBAI