CHEMFERT TRADERS (BOMBAY) P.LTD, MUMBAI V. ADDL CIT 1(1), MUMBAI

ITA 721/MUM/2011

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3893 (ITAT-MUMBAI)
• Duration Of Justice: 9 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 18-02-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 25-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI M . BALAGANESH , ACCOUNTANT MEMBER IT A NO. 721/HYD ./2011 ( ASSESSMENT YEAR : 20 0 5 06 ) DY. COMMISSIONER OF INCOME TAX CIRCLE 3(2), HYDERABAD . APP LICANT V/S S.S. ORAL HYGIENE PRODUCTS PVT. LTD. PLOT NO.5, MUMBAI HIGHWAY BALANAGAR, HYDERABAD 500 037 . RESPONDENT REVENUE BY SHRI VINOD KUMAR ASSESSEE BY : NONE DATE OF HEARING 26 . 10 .20 20 DATE OF ORDER 02.11.2020 O R D E R PER SAKTIJIT DEY, J.M. THE PRESENT APPEAL BY THE REVENUE AGAINST THE ORDER DATED 10 TH FEBRUARY 2010, PASSED BY THE LEARNED COMMISSIONER (APPEALS) III, HYDERABAD, FOR THE ASSESSMENT YEAR 2005 06. 2. WHEN THE APPEAL WAS CALLED FOR HEARING, NO ONE WAS PRESENT O N BEHALF OF THE RESPONDENT ASSESSEE TO REPRESENT THE CASE. THERE IS NO APPLICATION SEEKING ADJOURNMENT EITHER. CONSIDERING THE NATURE OF DISPUTE, WE PROCEED TO DISPOSE OFF THE APPEAL EX PARTE QUA THE 2 S.S. ORAL HYGIENE PRODUCTS PVT. LTD. RESPONDENT ASSESSEE AFTER HEARING THE LEARNED DEPARTMENT AL REPRESENTATIVE AND ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. 3. ON A PERUSAL OF RECORD, IT IS NOTICED THAT THE ONLY EFFECTIVE GROUND RAISED IN THE PRESENT APPEAL IS GROUND NO.2, PERTAINING TO THE ISSUE OF ADDITION MADE ON DISALLOWANCE OF EXCISE DUTY O N CLOSING STOCK OF FINISHED GOODS BY INVOKING THE PROVISIONS OF SECTION 145A OF THE ACT. IT IS FURTHER NOTICED THAT THE ADDITION MADE ON THIS ACCOUNT BY THE ASSESSING OFFICER IN THE EARLIER ORDER IS TO THE TUNE OF ` 26,29,734. UNDISPUTEDLY, WHILE DECIDING THE APPEAL OF THE ASSESSEE ON THE ISSUE, THE LEARNED COMMISSIONER (APPEALS) HAS DELETED THIS ADDITION. THUS, THE AMOUNT DISPUTED BY THE REVENUE IN THE PRESENT APPEAL IS ` 26,29,734. WHEN A QUERY WAS RAISED TO THE LEARNED DEPARTMENTAL REPRESENTATIVE WHETHER THE TAX EFFECT ON THE AFORESAID DISPUTED AMOUNT IS BELOW THE LIMIT OF ` 50 LAKH, AS PER CBDT CIRCULAR NO.17/ 2019, DATED 8 TH AUGUST 2019, R/W CBDT CIRCULAR NO.3/2018, DATED 11 TH JULY 2018 , THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY SUBMITTED THAT THE TAX EFFECT IS BELOW THE AMOUNT OF ` 50 LAKH AS PER THE AFORESAID CBDT CIRCULAR. IN VIEW OF THE AFORESAID FACTS, SINCE THE TAX EFFECT ON THE AMOUNT DISPUTED IN THE PRESENT APPEAL IS BELOW T HE MONETARY LIMIT OF ` 50 LAKH AND NONE OF THE EXCEPTIONS AS PROVIDED UNDER THE AFORESAID CIRCULAR ISSUED BY THE CBDT IS APPLICABLE, THE 3 S.S. ORAL HYGIENE PRODUCTS PVT. LTD. PRESENT APPEAL HAS TO BE TREATED AS WITHDRAWN, HENCE DISMISSED. ACCORDINGLY, WE DO SO. 4. IN THE RESULT, APPEAL IS DISMIS SED. ORDER PRONOUNCED THROUGH NOTICE BOARD UNDER RULE 34(4) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963, ON 02.11.2020 SD/ M. BALAGANESH ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 02.11.2020 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI