Appeal details
Counselvise Citation
[2018] 125 COUNSELVISE.COM (IT) 3854 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
6 month(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
10-08-2018
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Assessment Year
2013-2014
Appeal Filed On
09-02-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI B. R. BASKARAN , AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO. 714 / MUM/ 2018 ( / ASSESSMENT YEAR: 2014 - 15 ) ACIT CIRCLE - 2(3)(1), ROOM NO.552, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 . / VS. M/S. VENTURA COMMODITIES LTD. C - 112/116, BLDG. NO.1, KAILASH INDUSTRIAL COMPLEX, OFF LBS ROAD, PARK SIDE, VIKHROLI (W), MUMBAI - 400079. ./ ./ PAN/GIR NO. : AADCA 4490 N ( / APPELLANT ) .. ( / RESPONDENT ) / I .T.A. NOS. 1757 & 1758 / MUM/ 2018 ( / ASSESSMENT YEAR: 2011 - 12 & 2013 - 14 ) JT. CIT (OSD), CC - 6(3) ROOM NO. 1926, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400021 . / VS. M/S. C DINESH & CO. PVT, LTD. DW - 2332, BHARAT DIAMOND HOUSE, BKC (E), MUMBAI - 400051. ./ ./ PAN/GIR NO. : AADCC 0451 B ( / APPELLANT ) .. ( / RESPONDENT ) / I .T.A. NO. 825 / MUM/ 2017 ( / ASSESSMENT YEAR: 2013 - 14 ) ITO - 9(1)(4) ROOM NO.260A, 2 ND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020. / VS. M/S. AVION SYSTEMS PVT. LTD. (NOW KNOWN AS M/S. AVACEND SOLUTION PVT. LTD.) 302/A, SAGAR TECH PLAZA, ANDHERI KURLA ROAD, SAKI NAKA JUNCTION, ANDHERI (E), MUMBAI - 400072. ./ ./ PAN/GIR NO. : AAECA 3188 Q ( / APPELLANT ) .. ( / RESPONDENT ) 2 / DATE OF HEARING : 10 .0 8 .2018 / DATE OF PRONOUNCEMENT : 10 .0 8 .2018 PER BENCH : THE REVENUE HAS FILED TH E S E APPEAL S CHALLENGING THE ORDER S PASSED BY LD CIT(A) IN THE RESPECTIVE HANDS OF THE ASSESSEES AND T HEY RELATE TO THE ASSESSMENT YEAR S MENTIONED IN THE CAPTION AGAINST THE NAME OF EACH OF THE ASSESSEES. IN ALL THESE APPEALS, T HE REVENUE IS AGGRI EVED BY THE DECISION OF LD CIT(A) IN GRANTING RELIEF TO THE RESPECTIVE ASESSEES. 2 . THESE APPEALS WERE HEARD EX - PARTE. W E NOTICED THAT THE QUANTUM IN DISPUTE INVOLVED IN THESE APPEALS IS AS GIVEN BELOW AND HENCE THE TAX EFFECT INVOLVED THEREIN IS LESS THAN RS.20.00 LAKHS. SR.NO NAME OF ASSESSEE QUANTUM IN DISPUTE PENALTY AMOUNT 1 VENTURA COMMODITIES LTD. 38,74,708/ - - 2 C DINESH & CO. PVT, LTD. (ITA. NO. 1 7 57 /M/2018 ) 45,95,074/ - - 3 C DINESH & CO. PVT, LTD. (ITA. NO.17 58 /M/2018) 34,57,898/ - - 4 AVION SYSTEMS PVT. LTD 42,58,431/ - - TH E CBDT HAS ISSUED A NEW CIRCULAR NO.3/2018 DATED 11.07.2018 IN SUPERSESSION OF ITS EARLIER CIRCULAR NO.21/2015 DATED 10.12.2015. ACCORDING TO THE C IRCULAR NO.3/2018 , THE REVENUE IS PRECLUDED FROM PURSUING ITS APPEAL IF THE TAX EFFECT IS RS.20.00 LAKHS OR LESS. APPARENTLY THE ISSUE IN DISPUTE DOES NOT FALL IN ANY OF THE EXCEPTIONS PROVIDED IN PARAGRAPH 10 OF THE CIRCULAR NO.3/2018, REFERRED ABOVE. THE LD D.R, HOWEVER, SOUGHT TIME TO GET A CERTIFICA TE FROM THE PCIT/CIT CONCERNED THAT THE GROUNDS URGED IN THIS APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN THE SAID CIRCULAR. HOWEVER, FROM THE AVAILABLE MATERIAL, HE COULD NOT POINT OUT THAT THE ISSUE CONTESTED IN THIS APPEAL FALL IN ANY OF THE EXCEPTIONS. REVENUE BY : SHRI MANOJ KUMAR (DR) ASSESSEE BY: NONE 3 3 . WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LAKHS AND THE ISSUE CONTESTED HEREIN ALSO APPARENTLY DOES NOT FALL IN ANY OF THE EXCEPTIONS SPECIFIED IN THE CIRCULAR. ACCORDINGLY WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE . HOWEVER, THE REVENUE IS GIVEN LIBERTY TO MOVE MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER, IF IT IS FOUND THAT THE ISSUE CONTESTED IN THIS APPEAL FALLS IN ANY OF THE EXCEPTION PROVIDED IN PARAGRAPH 10 OF THE CIRC ULAR. 4 . IN THE RESULT, ALL THE APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 . 08.2018 . SD/ - SD/ - ( AMARJIT SINGH ) (B. R. BASKARAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 10 . 08 .2018 . V IJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// SR. PRIVATE SECRETARY , / ITAT, MUMBAI
