ACIT, CIR-5(3)(1), MUMBAI V. M/S. SHREEPATI DEVELOPERS & BUILDERS PVT. LTD., MUMBAI

ITA 773/MUM/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7998 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 12-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: SS RAKESH JOSHI DEVENDRA JAIN; A K GHOSH AS PER ANNEXUR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'D BENCH, MUMBAI BEFORE JUSTICE P.P. BHATT, PRESIDENT AND SHRI G.S. PANNU, VICE PRESIDENT ITA NO. 265/MUM/2019 (ASSESSMENT YEAR: 2011-12) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 14(1)(1) MUMBAI VS. M/S. TUSHACO PUMPS PVT. LTD. (NOW ALLWEILAR INDIA PVT. LTD.) ROOM NO. 601, 6TH FLOOR RAHEJA PLAZA-1, A WING LBS MARG, GHATKOPAR (W) MUMBAI 400 086 AABCT7703K APPELLANT RESPONDENT APPELLANT BY: SHRI CHAITANYA ANJARIA RESPONDENT BY: S/S RAKESH JOSHI, DEVENDRA JAIN & A.K. GHOSH AS PER ANNEXURE-1 DATE OF HEARING: 21.08.2019 DATE OF PRONOUNCEMENT: 21.08.2019 O R D E R THE CAPTIONED APPEAL IN ITA NO. 265/MUM/2019 AND 34 APPEALS [AS PER ANNEXURE-1] PREFERRED BY THE REVENUE, HAVE BEEN LISTED BY THE REGISTRY BEFORE THE BENCH ON THE GROUND THAT THEY DO NOT SUR VIVE FOR CONSIDERATION IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019. 2. THE CBDT, VIDE CIRCULAR DATED 8 TH AUGUST, 2019 (SUPRA), HAS AMENDED PARA 3 OF CIRCULAR NO. 3/2018 DATED 11.07.2 018 MODIFYING THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPART MENT BEFORE THE TRIBUNAL. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEALS IS STATED TO BE BELOW THE ENHANCED MONETARY LIMIT OF ` 50 LAKHS SPECIFIED IN THE CBDT CIRCULAR DATED 08.08.2019 (SUPRA) READ WITH CIRCULAR 11.07.2018 (S UPRA). 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 ITA NO. 265/MUM/2019 M/S. TUSHACO PUMPS PVT. LTD. 2 WOULD SHOW THAT THE CAPTIONED APPEALS ARE PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA) AND ITS AMENDMENT DATED 20 TH AUGUST, 2018. 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISED IN THE CAPTIONED APPEAL, THEY ARE DEEMED TO BE WITHDRAWN/NOT PRESSED , AS THEIR FILING IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 08.08.20 19 (SUPRA) READ WITH CIRCULAR 11.07.2018 (SUPRA). IT IS ALSO NOTED THAT THE HON'BLE SUPREME COURT IN THE CASE OF DCIT & ORS VS. MSEB HOLDING CO MPANY LTD. [SLP (CIVIL) NO.26373/2019 DATED 16.08.2019] HAS TAKEN C OGNIZANCE OF THE ENHANCED LIMIT WHILE DISMISSING THE SLP ARISING FRO M THE JUDGEMENT PASSED BY THE HON'BLE BOMBAY HIGH COURT IN WP NO. 3 642/2018 DATED 25.01.2019. 5. BEFORE PARTING, WE CLARIFY THAT IF ON A LATER DATE, THE REVENUE FINDS THAT THE TAX EFFECT IN DISPUTE IN ANY OF THE CAPTIO NED APPEALS IS MORE THAN THE LIMIT PRESCRIBED IN THE CIRCULAR DATED 08.08.20 19 (SUPRA), OR IT IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR 11.07.2018 (SUPRA), IT SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THE ORDER AND REINSTITUTION OF THE AP PEAL FOR ADJUDICATION ON MERITS. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATIO NS, IF ANY, AS PER THE EXTANT LAW. 6. IN CONCLUSION, BY APPLYING THE CIRCULAR DATED 08.0 8.2019 (SUPRA) READ WITH CIRCULAR DATED 11.07.2018 (SUPRA), THE CA PTIONED APPEALS OF THE REVENUE ARE DISMISSED AS WITHDRAWN/ NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING ON 21 ST AUGUST, 2019. SD/ - SD/ - G.S. PANNU JUSTICE P.P. BHATT VICE PRESIDENT PRESIDENT MUMBAI, DATED: 21 ST AUGUST, 2019 ITA NO. 265/MUM/2019 M/S. TUSHACO PUMPS PVT. LTD. 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) CONCERNED 4. THE CIT - CONCERED 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.