ACIT 11(1), MUMBAI V. SAGAR FILMS P.LTD, MUMBAI

ITA 7678/MUM/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8526 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2017
• Appeal Filed By: Department
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 31-12-2013
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLADR
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, G MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA NO.7678/MUM/2013 ASSESSMENT YEAR: 2006-07 ACIT-11(1), ROOM NO.439, AAYAKAR BHAVAN, M. K.ROAD, MUMBAI-400020 / VS. M/S SAGAR FILMS PVT. LTD. 194, NATRAJ STUDIO, ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI-400069 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO . AAICS3978A % & $ ' / DATE OF HEARING : 31/01/2017 & $ ' / DATE OF ORDER: 31/01/2017 ! / REVENUE BY MISS. ANUPAMA SINGLA-DR !'# $ ! / ASSESSEE BY MISS NEHA PARANJPE ITA NO.7678/MUM/2013 M/S SAGAR FILMS PVT. LTD. 2 / O R D E R PER JOGINDER SINGH(JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 21/10/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. DURING HEARING OF THIS APPEAL, AT THE OUTSET, MISS . NEHA PARANJAPE, LD. COUNSEL FOR THE ASSESSEE, CONTENDED THAT IN THE PRESENT APPEAL, THE TOTAL TAX EFFECT INVOLVED I S BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, MISS. ANUPAMA SIN GLA, DID NOT CONTROVERT THE FACTUAL MATRIX BUT CONTENDED THA T THE MONETARY LIMIT DOES NOT INCLUDE PENALTY. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTI ON NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007- IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHERE IN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT T O FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT E XCEED THE FOLLOWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.7678/MUM/2013 M/S SAGAR FILMS PVT. LTD. 3 SO FAR AS, THE CONTENTION OF LD. DR THAT CIRCULAR NO.21/2015 DOES NOT INCLUDE PENALTY, IS CONCERNED, WE FIND THAT CIRCULAR NO.21/2015 DATED 10/12/2015 DOES NOT SAY SO AND IT HAS SPECIFIED THAT THE TAX WILL NOT INCLU DE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INT EREST IS IN DISPUTE. IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 31/01/2017. SD/- SD/- ( MANOJ KUMAR AGGARWAL ) (JO GINDER SINGH) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER % MUMBAI; ) DATED : 31/01/2017 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT (RESPECTIVE ASSESSEE) 2. ./,- / THE RESPONDENT. 3. 0 0 1$ ( + ) / THE CIT, MUMBAI. 4. 0 0 1$ / CIT(A)- , MUMBAI, 5. 34 .$! , 0 +' ! 5 , % / DR, ITA NO.7678/MUM/2013 M/S SAGAR FILMS PVT. LTD. 4 ITAT, MUMBAI 6. 6' 7% / GUARD FILE. ! / BY ORDER, /3+$ .$ //TRUE COPY// /! (DY./ASSTT. REGISTRAR) , % / ITAT, MUMBAI