INCOME TAX OFFICER 27 (1) (5), NAVI MUMBAI V. JANSEVAK CO OPERATIVE CREDIT SOCIETY LIMITED, MUMBAI

MA 170/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0061 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2011-2012
• Appeal Filed On: 29-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR
• Assessee Lawyers: PRIYANKA V JADHAV
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER MA NO. 170/MUM/2017 (OUT OF ITA NO. 6637/MUM/2014) : A.Y : 2011 - 12 ITO - 27(1)(5), MUMBAI (APPELLANT) VS. M/S. JANSEVAK CO - OPERATIVE CREDIT SOCIETY LTD., K - 8, GANESH KRIPA CHAWL, BARVE NAGAR, BHATWADI, GHATKOPAR (W), MUMBAI 400 064. PAN : AAAAJ4674N (RESPONDENT) APPELLANT BY : SHRI SUMAN KUMAR RESPONDENT BY : MS. PRIYANKA V. JADHAV DATE OF HEARING : 27 /0 7 /2018 DATE OF PRONOUNCEMENT : 19 /0 9 /2018 O R D E R PER G.S. PANNU , AM : BY WAY OF THE PRESENT APPLICATION U/S 254(2) OF THE ACT, REVENUE SEEKS RECALLING OF ORDER OF THE TRIBUNAL DATED 28.06.2016 ON THE GROUND THAT THE TAX EFFECT IN DISPUTE WAS MORE THAN THE PERMISSIBLE LIMIT PRESCRIBED IN THE CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 . 2. INITIALLY, THE TRIBUNAL DISMISSED THE APPEAL OF THE REVENUE NOTICING THAT THE TAX EFFECT IN DISPUTE WAS BELOW THE MONETARY LIMIT PRESCRIBED BY THE CBDT CIRCULAR DATED 10.12.2015 (SUPRA). NOW, AS PER THE REVENUE, THE TAX IN 2 MA NO. 170/MUM/2017 M/S. JANSEVAK CO - OP. CREDIT SOCIETY LTD. DISPUTE AMOUNTS TO RS. 11,00,751 / - , WHICH IS MORE THAN THE MONETARY LIMIT OF RS.10 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 10.12.2015 (SUPRA). ON THE CONTRARY, THE LEARNED REPRESENTA TIVE FOR THE ASSESSEE FILED A WORKING POINTING OUT THAT THE TAX EFFECT RELEVANT TO THE GROUNDS RAISED IN THE APPEAL OF THE REVENUE AMOUNTS TO RS.7,10,983/ - ONLY, WHICH IS WELL BELOW THE LIMIT PRESCRIBED IN THE CBDT CIRCULAR DATED 10.12.2015 (SUPRA). 3. IN THE ABOVE BACKGROUND, BOTH THE PARTIES HAVE BEEN HEARD. OSTENSIBLY, THE CBDT HAS FURTHER REVISED THE MONETARY LIMITS FOR FILING OF APPEAL BEFORE THE TRIBUNAL VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 . THE SAID CIRCULAR IS IN SUPERSESSION OF THE EARLIER CIRCULARS AND THE MONETARY LIMITS PRESCRIBED FOR FILING OF APPEAL BEFORE THE TRIBUNAL HAS BEEN ENHANCED TO RS. 20 LACS. THEREFORE, EVEN IF WE ACCEPT THE PLEA OF T HE REVENUE THAT THE TAX EFFECT IN DISPUTE EXCEEDS RS. 10 LACS, SO HOWEVER, THE SAME IS MUCH B ELOW THE LIMIT PRESCRIBED BY CBDT IN ITS CIRCULAR DATED 1 1 . 07 .201 8 (SUPRA). THUS, IN ANY VIEW OF THE MATTER, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE. CONSIDERING THE AFORESAID, WE DO NOT FIND ANY JUSTIFIABLE GROUNDS TO RECALL THE ORDER OF THE TRIBU NAL DATED 28.06.2016 WHEREBY THE APPEAL OF THE REVENUE HAS BEEN DISMISSED AS WITHDRAWN/NOT PRESSED. 4. IN THE RESULT, THE APPLICATION FILED BY THE REVENUE IS HEREBY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 9 T H SEPTEMBER, 2018 . SD/ - SD/ - ( MAHAVIR SINGH ) JUDICIAL MEMBER ( G.S. PANNU ) ACCOUNTANT MEMBER MUMBAI, DATE : 1 9 T H SEPTEMBER , 201 8 * SSL * 3 MA NO. 170/MUM/2017 M/S. JANSEVAK CO - OP. CREDIT SOCIETY LTD. COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, J BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI