ACIT - 24(3), MUMBAI V. PHARM CHEM DISTRIBUTORS, MUMBAI

ITA 7745/MUM/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 2159 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 30-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

F IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 7308 /MUM/2014 ( / ASSESSMENT YEAR : 2005-06) THE INCOME TAX OFFICER WARD 25(1)(5), 521, 5 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI 400 012. / V. M/S TRIP PACK, BHARGAVA HOUSE, 49, MARAJ COOPERATIVE INDUSTRIAL ESTATE, M.V. ROAD, ANDHERI (E), MUMBAI- 400 059. ./ PAN : AAAFT6605Q ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 5680 /MUM/2014 ( / ASSESSMENT YEAR : 2005-06) DY. COMMISSIONER OF INCOME TAX CENT. CIR. 13, ROOM NO. 1103, 11 TH FLOOR, OLD CGO ANNEXE BLDG., MUMBAI 400 020. / V. SHRI AMITABH BACHCHAN, PRATEEKSHA, 10 TH NORTH SOUTH ROAD, JVPD SCHEME, JUHU, MUMBAI- 400 049. ./ PAN : AACPB9226B ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 2085 /MUM/2015 ( / ASSESSMENT YEAR : 2008-09) THE INCOME TAX OFFICER 20(1)(4), IST FLOOR, R. NO. 112, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI. / V. M/S DHARMESH N. JAIN (HUF), A/206 SHANKESHWAR TOWER, LOVE LANE, MAZGAON, MUMBAI- 400 010. ./ PAN : AAEHJ6680H ( / APPELLANT ) .. ( / RESPONDENT ) ITA 8 APPLS 2 ./ I.T.A. NO. 2086 /MUM/2015 ( / ASSESSMENT YEAR : 2009-10) THE INCOME TAX OFFICER 20(1)(4), IST FLOOR, R. NO. 112, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI. / V. M/S DHARMESH N. JAIN (HUF), A/206 SHANKESHWAR TOWER, LOVE LANE, MAZGAON, MUMBAI- 400 010. ./ PAN : AAEHJ6680H ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 3865 /MUM/2015 ( / ASSESSMENT YEAR : 2010-11) THE INCOME TAX OFFICER, WARD 1(4), THANE, ROOM NO. 11, 6 TH FLOOR, ASHAR I.T. PARK, WAGLE INDUSTRIAL ESTATE, ROAD NO. 16Z, THANE (W) 400 604. / V. SMT. LATIKA HARESH BHANUSHALI, ISPAT 10-C, ANGELICA, COSMOS LOUNGE, NEXT TO HAPPY VALLEY, MANPADA, THANE 400 607. ./ PAN : AHWPB8671K ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 7745 /MUM/2014 ( / ASSESSMENT YEAR : 2011-12) A.C.I.T. 24(3), ROOM NO. 613, 6 TH FLOOR, INCOME TAX OFFICE, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI 400 012. / V. M/S PHAM CHEM DISTRIBUTORS, A/09, ASHIRWAD, 11 LOKHANDWALA COMPLEX, ANDHERI (W), MUMBAI- 400 053. ./ PAN : AABPB9614L ( / APPELLANT ) .. ( / RESPONDENT ) ITA 8 APPLS 3 ./ I.T.A. NO. 3866 /MUM/2015 ( / ASSESSMENT YEAR : 2011-12) THE INCOME TAX OFFICER, WARD 1(4), THANE, ROOM NO. 11, 6 TH FLOOR, ASHAR I.T. PARK, WAGLE INDUSTRIAL ESTATE, ROAD NO. 16Z, THANE (W) 400 604. / V. SMT. LATIKA HARESH BHANUSHALI, ISPAT 10-C, ANGELICA, COSMOS LOUNGE, NEXT TO HAPPY VALLEY, MANPADA, THANE 400 607. ./ PAN : ADYPA6970A ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 3868 /MUM/2015 ( / ASSESSMENT YEAR : 2011-12) THE INCOME TAX OFFICER, WARD 2(2), THANE, ROOM NO. 11, 6 TH FLOOR, ASHAR I.T. PARK, WAGLE INDUSTRIAL ESTATE, ROAD NO. 16Z, THANE (W) 400 604. / V. SHRI HERALD A. DSOUZA PROP. OF SAGAR ENGINEERING & INSULATIONS, 1- MAHAVIR DARSHAN, SECTOR -5, SHREE NAGAR, THANE (W)- 400 604. ./ PAN : AARPD1318H ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY SHRI SANJEEV KASHYAP ASSESSEE BY : NONE / DATE OF HEARING : 29-12-2015 / DATE OF PRONOUNCEMENT : 29-12-2015 !' / O R D E R PER BENCH : THESE ARE A BUNCH OF EIGHT APPEALS PERTAINING TO DI FFERENT ASSESSEES, ALL FILED BY THE REVENUE ARE DECIDED BY THIS COMMON ORD ER AS THE APPEALS ARE DISPOSED OF BECAUSE THE TAX EFFECT IN EACH OF THE A PPEALS IS LESS THAN RS. 10 LACS AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F . NO. 279/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL ITA 8 APPLS 4 BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINIS TRY OF FINANCE, GOVERNMENT OF INDIA. 2. THE LD. D.R. SUBMITTED THAT TAX EFFECT INVOLVED IN EACH OF THESE EIGHT APPEALS ARE LESS THAN RS. 10 LACS AND THE CBDT CIRC ULAR NO. 21/2015 IS APPLICABLE TO THESE APPEALS AND THE APPEALS ARE NOT MAINTAINABLE/NOT PRESSED IN TERMS OF CBDT CIRCULAR NO 21/2015 DATED 10/12/20 15. THE LD. DR SUBMITTED THAT AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 279/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINIS TRY OF FINANCE, GOVERNMENT OF INDIA, NO APPEAL SHALL BE FILED BY TH E REVENUE IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT SPECIFIED IN PARA 3 OF THE CIRCULAR: PARA 3 OF THE CIRCULAR NO. 21/2015 S NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10,00,000/ - 2 BEFORE HIGH COURT 20,00,000/ - 3 BEFORE SUPREME COURT 25,00,000/ - IN THE SAID CIRCULAR VIDE PARA 10, IT IS STIPULATE D THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEAL S TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE S PECIFIED TAX LIMITS IN MAY BE WITHDRAWN/NOT PRESSED. 3. KEEPING IN VIEW THE CBDT CIRCULAR NO. 21/2015 DA TED 10 TH DECEMBER, 2015 WHICH IS APPLICABLE FROM RETROSPECTIVE EFFECT AND IS ALSO APPLICABLE TO PENDING APPEALS AND ALSO IN VIEW OF DR STATING BEFO RE US THAT THESE APPEALS ARE NOW NOT MAINTAINABLE/NOT PRESSED IN VIEW OF THE ABOVE CBDT CIRCULAR, WE HOLD THAT THE EIGHT APPEALS FILED BY THE REVENUE WH ICH ARE COVERED BY THIS ITA 8 APPLS 5 ORDER INVOLVING TAX EFFECT LESS THAN RS. 10 LACS A RE NOT MAINTAINABLE AND ARE DISMISSED BEING NOT PRESSED. HOWEVER, THE REVENUE I S AT LIBERTY TO FILE AN APPLICATION FOR RECALL OF THESE APPEALS IN ACCORDAN CE WITH LAW, IF AT ANY STAGE IT IS FOUND THAT TAX EFFECT IS MORE THAN RS 10 LACS OR THE REVENUE WANTS TO AGITATE THE MATTER IN ACCORDANCE WITH THE PROVISION S/CLAUSES AS CONTAINED IN THE AFORE-STATED CIRCULAR. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH DECEMBER, 2015. !' # $% &! ' 29-12-2015 ( ) SD/- SD/- (SANJAY GARG) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ 8 MUMBAI ; &! DATED 29-12-2015 [ .9../ R.K. R.K. R.K. R.K. , EX. SR. PS ! '#$% &%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. : ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. : / CIT- CONCERNED, MUMBAI 5. =>( 99?@ , ?@ , $ 8 / DR, ITAT, MUMBAI H BENCH 6. (BC D / GUARD FILE. ' / BY ORDER, = 9 //TRUE COPY// (/') * ( DY./ASSTT. REGISTRAR) , $ 8 / ITAT, MUMBAI