DCIT CIR 2(2)(1), MUMBAI V. KHATAU MAKHANJI SPINNING & WEAVING CO.LTD, MUMBAI

ITA 7580/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4397 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 26-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HIMANSHU SHARMA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'L' BENCH, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO. 7580/MUM/2016 (ASSESSMENT YEAR: 2012-13) DCIT, CIRCLE - 2(2)(1) ROOM NO. 545, 5TH FLOOR AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400020 VS. THE KHATAU MAKANJI SPINNING & WEAVING MILLS CO. LAXMI BUILDING, 2ND FLOOR VALLABHDAS MARG, BALLARD ESTATE, MUMBAI 400001 PAN AAACT4149A APPELLANT RESPONDENT CO NO. 87/MUM/2018 (ASSESSMENT YEAR: 2012-13) THE KHATAU MAKANJI SPINNING & WEAVING MILLS CO. LAXMI BUILDING, 2ND FLOOR VALLABHDAS MARG, BALLARD ESTATE, MUMBAI 400001 VS. DCIT, CIRCLE - 2(2)(1) ROOM NO. 545, 5TH FLOOR AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400020 PAN AAACT4149A APPELLANT RESPONDENT APPELLANT BY: SHRI HIMANSHU SHARMA RESPONDENT BY: NONE DATE OF HEARING: 03.08.2018 DATE OF PRONOUNCEMENT: 03.08.2018 O R D E R PER G.S. PANNU, AM THE CAPTIONED APPEAL FILED BY THE REVENUE PERTAININ G TO A.Y. 2012-13 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)- 5, MUMBAI DATED 09.09.2016 WHICH IN TURN ARISES OUT OF AN ORDER PAS SED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER 'THE ACT') DATED 27.03.2015. ITA NO. 7580/MUM/2016 THE KHATAU MAKANJI SPINNING & WEAVING MILLS CO. 2 2. THE CBDT, VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 , HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEP ARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF ` 20 LAKHS SPECIFIED IN THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). 3. IN THIS BACKGROUND, THE LEARNED D.R. APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTECTED B Y ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUE RAISED, THE CAPTIONED APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS ITS FILIN G IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BE FORE PARTING WE MAY CLARIFY THAT IF ON A LATER DATE, THE REVENUE FINDS THAT FILING OF THE APPEAL IS PROTECTED BY THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA), IT SHALL BE AT LIBERTY TO APPROACH THE TRI BUNAL FOR RECALL OF THE ORDER AND REINSTITUTION OF THE APPEAL FOR ADJUDICATION ON MERITS. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION, IF ANY, AS PER THE EXTANT LAW. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DIS MISSED AS WITHDRAWN/ NOT PRESSED. 6. SINCE THE APPEAL OF THE REVENUE IS DISMISSED, THE C ROSS OBJECTION OF THE ASSESSEE BECOMES ACADEMIC AND IS ALSO DISMISSED AS IT IS ONLY IN SUPPORT OF THE ORDER OF THE CIT(A). ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING ON 3 RD AUGUST, 2018. SD/ - SD/ - (PAWAN SINGH) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 3 RD AUGUST, 2018 ITA NO. 7580/MUM/2016 THE KHATAU MAKANJI SPINNING & WEAVING MILLS CO. 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -5, MUMBAI 4. THE CIT - 2, MUMBAI 5. THE DR, L BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.