ACIT 2(2)(2), MUMBAI V. PERFECT ENGINEERING ASSOCIATES P. LTD, MUMBAI

ITA 6771/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3723 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 18-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: HARI S RAHEJA
• 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. 6771/ MUM/ 2016 ( ASSESSMENT YEAR : 2013 - 14 ) ACIT - 2(2)(2), MUMBAI, ROOM NO.545, 5TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE , MUMBAI - 400 020 VS. M/S. PERFECT ENGINEERING ASSOCIATES PVT. LTD., MEHAR HOUSE, 15 CAWASJI PATEL STREET, FORT, MUMBAI - 400 001 PAN/GIR NO. AAACP2016Q APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI CHAITANYA ANJARIA ASSESSE E BY SHRI HARI S RAHEJA DATE OF HEARING 03 / 08 /2018 DATE OF PRONOUNCEMENT 13 / 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) 5 , MUMBAI DATED 1 0/08/2016 FOR A.Y.20 13 - 14 IN THE MATTER OF ORDER PASSED U/S. 143(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 TH E REVENUE APPEAL IS NOT EXCEEDING RS. 20 LACS. UNDER THE POWER VESTED BY SEC. 268A(1) OF THE I T. ITA NO. 6771/MUM/2016 M/S. PERFECT ENGINEERING ASSOCIATES PVT. LTD., 2 ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018 INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE 1TAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS. 20 LACS. 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ALL THE DEPARTMENTAL APPEA LS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 20 LACS SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVE. 7 .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 APPEAL DOES NOT EXCEED THE LIMIT OF RS. 20 LACS 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 INF RUCTUOUS. 8 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 / 08 /201 8 SD/ - ( SANDEEP GOSAIN ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 13 / 08 /201 8 KARUNA SR. PS ITA NO. 6771/MUM/2016 M/S. PERFECT ENGINEERING ASSOCIATES PVT. 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//