ITO WD 2(4), KALYAN V. SHREE SWAMINARYAN ENTERPRISES, AMBERNATH

ITA 925/MUM/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2267 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 09-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARY ARUN K SINGH
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'G' BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA NO. 925/MUM/2017 (ASSESSMENT YEAR: 2012-13) INCOME TAX OFFICER - 2(4) 2ND FLOOR, MOHAN PLAZA KHADAKPADA, WAYALE NAGAR, KALYAN (W) 421301 VS. M/S. SWAMINARAYAN ENTERPRISES 30, SURYODAY CHS LTD. SP MUKHARJEE ROAD AMBERNATH (E) 421501 PAN ABOFS3402K APPELLANT RESPONDENT APPELLANT BY: SHRI CHOUDHARY ARUN K. SINGH RESPONDENT BY: NONE DATE OF HEARING: 13.11.2018 DATE OF PRONOUNCEMENT: 13.11.2018 O R D E R PER SAKTIJIT DEY, JM THE CAPTIONED APPEAL FILED BY THE REVENUE PERTAININ G TO A.Y. 2012-13 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)- 3, THANE DATED 10.11.2016 WHICH IN TURN ARISES OUT OF AN ORDER PAS SED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER 'THE ACT') DATED 25.03.2015. 2. THE CBDT, VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 , HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEP ARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF ` 20 LAKHS SPECIFIED IN THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). 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 WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTECTED B Y ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA). ITA NO. 925/MUM/2017 M/S. SWAMINARAYAN ENTERPRISES 2 4. WITHOUT GOING INTO THE MERIT OF THE ISSUE RAISED, THE CAPTIONED APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS IT S FILING IS NOT IN CONSONANCE WITH THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BEFORE PARTING WE MAY CLARIFY THAT IF ON A LATER DATE, THE REVENUE FINDS THAT FILING OF THE APPEAL IS PROTECTED BY THE EXCEPTIONS PROVID ED IN PARA 10 OF THE CBDT CIRCULAR (SUPRA), IT SHALL BE AT LIBERTY TO AP PROACH THE TRIBUNAL FOR RECALL OF THE ORDER AND REINSTITUTION OF THE APPEAL FOR ADJUDICATION ON MERITS. THE TRIBUNAL SHALL CONSIDER SUCH APPLICATIO N, IF ANY, AS PER THE EXTANT LAW. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DIS MISSED AS WITHDRAWN/ NOT PRESSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING ON 13 TH NOVEMBER, 2018. SD/ - SD/ - (RAMIT KOCHAR) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 13 TH NOVEMBER, 2018 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -3, THANE 4. THE PR. CIT - 3, THANE 5. THE DR, G BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.