DCIT 5(3), MUMBAI V. TAG OFFSHORE LTD, MUMBAI

ITA 6862/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3675 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 24-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 27-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , A M AND SHRI RAM LAL NEGI, JM ./ I.T.A. NO. 6862/MUM/2013 ( / ASSESSMENT YEAR: 2009 - 10 ) DY. CIT - 5( 3), 573, AAYAKAR BHAVAN, 5 TH FLOOR, MUMBAI - 400 020 / VS. TAG OFFSHORE LTD. 137/138 A, JOLLY MAKER, CHAMBERS - II, NARIMAN POINT, MUMBAI - 400 021 ./ ./ PAN/GIR NO. AABCT 8019 L ( / APPELLANT ) : ( / RESPOND ENT ) / APPELLANT BY : SHRI RAVINDER SINDHU / RESPONDENT BY : NONE / DATE OF HEARING : 24.5.2016 / DATE OF PRONOUNCEMENT : 24.5.2016 / O R D E R PER SANJAY ARORA, A. M.: THI S IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 9, MUMBAI (CIT(A) FOR SHORT) DATED 03.9.2013 , CONTESTING THE LEVY OF PENALTY U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE A SSESSMENT YEAR (A.Y.) 2009 - 10 VIDE ORDER DATED 28.06.2012. 2. NONE APPEARED FOR AND BEHALF OF THE ASSESSEE - RESPONDENT WHEN THE APPEAL WAS CALLED OUT FOR HEARING, DESPITE SERVICE OF NOTICE OF HEARING SENT THROUGH RPAD AND ALSO THROUGH LD. LD. DEPARTMENTAL REPRESENTATIVE (DR) . AT THE VERY OUTSET, IT WAS OBSERVED BY THE BENCH THAT THE TAX EFFECT OF THE REVENUES APPEAL IS BELOW RS.10 LACS, AND WHICH IS THEREFORE NOT MAINTAINABLE U/S. 268A OF THE ACT IN VIEW OF THE RECENT 2 ITA N O. 6862/MUM/2013 (A.Y. 2009 - 10) DY. CIT VS. TAG OFFSHORE LTD. INSTRUCTION ISSUED BY THE BOARD (INSTR UCTION NO. 21 OF 2015 DATED 10.12.2015 (F. NO. 279/MISC/142/2007 - IT(PT)). THE LD. DR FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE INSTANT APPEAL BEING WELL BELOW RS.10 LACS, THE PENALTY UNDER DISPUTE SINCE DELETED BY THE LD. CIT(A), BEING FOR RS .4,57,39 5/ - AND WHICH IS TO BE RECKONED AS THE TAX EFFECT IN SUCH A CASE. 3. IN VIEW OF THE FOREGOING, THE REVENUES APPEAL IS NOT MAINTAINABLE U/S. 268A OF THE ACT, REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD , WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT RS.10 LACS FOR THE APPELLATE TRIBUNAL, I.E., FOR APPEALS PREFERRED BY THE REVENUE. THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 4 . IN THE RESULT, THE REVENUES APPEAL IS DI SMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON MA Y 24 , 201 6 SD/ - SD/ - ( RAM LAL NEGI ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNT ANT MEMBER MUMBAI ; DATED : 24 . 0 5 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI