DCIT RG 8(2), MUMBAI V. PERIWINKLE FASHION P. LTD, MUMBAI

ITA 8288/MUM/2011

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3292 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 30-12-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 08-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUM BAI BEFORE SHRI AMIT SHUKLA, JM AND SHRI RAJESH KUMAR, AM ./ I.T.A. NO.8288 /MUM/2011 ( / ASSESSMENT YEAR: 2007-08) JT. C.I.T., 8(2)(OSD),MUMBAI R.NO.209, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400 020. / VS. M/S. PERIWINKLE FASHIONS PVT LTD 401/B, ELEGANT BUSINESS PARK, MIDC CROSS ROAD, ANDHERI(E), MUMBAI-400 093. ./ ./PAN/GIR NO. AADCP 3365M ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI RAJESH OJHA / RESPONDENT BY : SHRI VIPUL JOSHI / DATE OF HEARING : 13/01/2016 !'# / DATE OF PRONOUNCEMENT : 29/01/2016 $% / O R D E R PER RAJESH KUMAR, A. M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 29.09.2011 OF COMMISSIONER OF INCOME TAX (APPEALS)-17, MUMBAI (HE REINAFTER CALLED AS THE CIT(A) ) FOR ASSESSMENT YEAR 2007-08. THE REVENUE H AS RAISED FOLLOWING GROUNDS OF APPEAL: 2 ITA NO.8288&3744/MUM/2011 JT. C.I.T VS.M/S. PERIWINKLE FASHIONS PVT LTD 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, WHETHER THE LD. CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE O F RS.20,13,744/- U/S.14A OF THE ACT R.W.R 8D WITHOUT APPRECIATING THAT IN TH E CASE OF M/S. GODREJ AND BOYCE MANUFACTURING CO. LTD VS DCIT(328 ITR 81) (SU PRA, THEIR LORDHSIP HAD UPHELD THE CONTENTIONS OF THE UNION OF INDIA TH AT RULE8D IS REASONABLE IN ITS NATURE. 2 . AT THE OUTSET THE LD. AR OF THE ASSESSEE POINTED OUT THAT THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10.00 LAKHS AND FURTHER SUBMITTE D THAT IN VIEW OF THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 BROUGHT OUT BY THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FI NANCE, GOVERNMENT OF INDIA, THE APPEAL WAS NOT MAINTAINABLE AND BE DISMISSED. T HE LD. DR ALSO AGREED TO THE SUBMISSION OF THE LD. AR. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND FROM THE RECORDS BEFORE US THAT THE TAX INV OLVED IN THE DISPUTED ISSUE IS BELOW RS.10 LACS AND THEREFORE, IN VIEW OF THE CIRC ULAR NO 21/2015 DATED 10 TH DECEMBER, 2015 NO APPEALS SHOULD BE FILED BY THE RE VENUE BEFORE THE TRIBUNAL WHICH HAS TAX EFFECT OF RS. 10.00 LACS OR LESS AND THIS CIRCULAR IS ALSO APPLICABLE RETROSPECTIVELY TO ALL PENDING APPEALS. 3 ITA NO.8288&3744/MUM/2011 JT. C.I.T VS.M/S. PERIWINKLE FASHIONS PVT LTD THE RELEVANT EXTRACT THE SAID CBDT CIRCULAR (SUPRA) IS AS UNDER:- THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PEN DING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDI NG APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRA WN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE IN STRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 4. CONSIDERING THE ABOVE, THE APPEAL FILED BY THE R EVENUE, IS THEREFORE DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29TH JANUARY, 2016 SD/- SD/- (AMIT SHUKLA) (RAJESH KUMAR) &' $ / JUDICIAL MEMBER $ / ACCOUNTANT MEMBER ( ) MUMBAI; *$ DATED :29.01.2016 PS. ASHWINI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. + ( ) / THE CIT(A) 4. + / CIT - CONCERNED 5. ./0 ''12 , 12# , ( ) / DR, ITAT, MUMBAI 6. 045 6 / GUARD FILE / BY ORDER, 4 ITA NO.8288&3744/MUM/2011 JT. C.I.T VS.M/S. PERIWINKLE FASHIONS PVT LTD / !'# (DY./ASSTT. REGISTRAR) #$ %, ( ) / ITAT, MUMBAI