DCIT CIR 2, KALYAN V. GURUMUKHDAS N KHUBCHANDANI, ULHASNAGAR

ITA 95/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6018 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 05-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJA SWAROOP
• Assessee Lawyers: S M MAKHIJA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO.95/MUM/2017, (A.Y. 2010-11) DCIT,CIRCLE -2, KALYAN, 2 ND FLOOR, MOHAN PLAZA, KHADAKPADA, WAYALE NAGAR, KALYAN(W) 421 301 ...... APPELLANT VS. SHRI GURMUKHDAS N KHUBCHANDANI, RAMA WINES, BLOCK NO.A-45, ROOM NO.267, FIRST FLOOR, NEAR BANSURI HOTEL, ULHASNAGAR 421 001. PAN: ABHPK 4084A ..... RESPONDENT APPELLANT BY : MS. POOJA SWAROOP RESPONDENT BY : SHRI S.M.MAKHIJA DATE OF HEARING : 12/07/2018 DATE OF PRONOUNCEMENT : 12/07/2018 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEAL FILED BY THE REVENUE PERTA INING TO ASSESSMENT YEAR 2010-11 IS DIRECTED AGAINST AN OR DER PASSED BY CIT(A)-3, MUMBAI DATED 24/10/2016, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) R.W .S 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 30/09/2014 . 2 ITA NO.95/MUM/2017, (A.Y. 2010-11) 2. THE CBDT VIDE CIRCULAR NO.3/2018 DATED 11/07 /2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DE PARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 11/07/2018 (SU PRA). 3. IN THIS BACKGROUND, LD. DEPARTMENTAL REPRESENTAT IVE APPEARING FOR THE REVENUE WAS REQUIRED TO STATE HER POSITION; SHE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED A PPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF T HE CIRCULAR(SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISE D IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHD RAWN/NOT PRESSED AS ITS FILING IS IN CONTRAVENTION OF THE CBDT CIRC ULAR DATED 11/07/2018(SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE -INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CI RCULAR (SUPRA). 6. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 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 IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF HEARING ON 12/07/2018. SD/- SD/- (PAWAN SINGH ) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 12/07/2018 3 ITA NO.95/MUM/2017, (A.Y. 2010-11) VM , SR. PS 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// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI