ITO 13(1)(3), V. PARAMPARA BUILDERS AND DEVELOPERS P. LTD,

MA 229/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4331 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2002-2003
• Appeal Filed On: 12-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT KUMAR SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , , BEFORE SHRI SANJAY ARORA , A M AND SHRI AMIT SHUKLA, J M . / MA NO. 229/MUM/2015 (ARISING OUT OF ITA NO. 1681/MUM/2011 ) ( / ASSESSMENT YEAR: 2002 - 03 ) INCOME TAX OFFICER - 13(1)(3), 2 ND FLOOR, R. NO. 225, AAYAKAR BHAVAN, MUMBAI / VS. PARAMPARA BUILDERS & DEVELOPERS PVT. LTD., 7C, SENIOR ESTATE, PARSI PANCHAYAT ROAD, ANDHERI (E), MUMBAI - 400 069 ./ ./ PAN/GIR NO. AAACP 8312 N ( APPLICANT ) : ( RESPONDENT ) APPLICANT BY : SHRI AMIT KUMAR SINGH RESPONDENT BY : NONE / DATE OF HEARING : 18.03.2016 / DATE OF PRONOUNCEMENT : 04 .0 5 .2016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS A MISCELLANEOUS PETITION BY THE REVENUE AGAINST THE ORDER U/S. 254(1) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) BY THE TRIBUNAL DATED 30.01.2015 IN T HE ASSESSEES CASE, CONTESTING THE DELETION OF PENALTY FOR ASSESSMENT YEAR (A.Y.) 2002 - 03 . 2. NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE - RESPONDENT WHEN THE APP LICATION WAS CALLED OUT FOR HEARING, NOR IS THERE ANY ADJOURNMENT APPLICATION PUT ON RECO RD. 2 M A NO. 229/MUM/2015 (A.Y. 2002 - 03) ITO VS. PARAMPARA BUILDERS & DEVELOPERS PVT. LTD. 3. THE R EVENUES APPEAL WAS DISPOSED OF BY THE TRIBUNAL, DISMISSING IT IN LIMINE U/S. 268A OF THE ACT. THE INSTANT APPLICATION BY THE REVENUE IS MADE IN PURSUANCE TO THE DECISION BY THE HONBLE APEX COURT IN CIT VS. SUMAN DHAMJI ( IN CIVIL APPEAL NOS. 4 919 - 4920 OF 2015, ARISING FROM CLP (C) NOS. 31042 - 43/13 DATED 01.7.2015/COPY ON RECORD), WHEREIN IT STA NDS HELD THAT THE TERMS OF THE C IRCULAR OR I NSTRUCTION ISSUED BY THE BOARD U/S. 268 A SHALL HAVE TO BE GIVEN REGARD TO AND, ACCORDINGLY, THE SAME SHALL BE EFFECTIVE FROM THE DATE OF ITS ISSUE. AS SUCH, THE MONETARY LIMIT PRESCRIBED THEREBY SHALL APPLY WITH REFERENCE TO THE CIRCULAR I N FORCE AT THE TIME OF FILING THE APPEAL. ACCORDINGLY, ITS APPEAL, FILED ON 01.3.2011, WHEREAT THE MONETARY LIMIT OF TAX EFFEC TED U/S. 268A WAS AT RS.3 LACS, STANDS WRONGLY DISMISSED BY THE TRIBUNAL IN - AS - MUCH AS THE TAX EFFECT, I.E., THE AMOUNT OF PENALTY IN DISPUTE, IS AT RS.3,36,107/ - (REFER PARA 3 OF THE IMPUGNED ORDER). THE REVENUES APPEAL, WHICH WAS DISMISSED BY THE TRIBUN AL FOLLOWING THE DECISIONS BY THE HON'BLE JURISDICTIONAL HIGH COURT, ARE LISTED AT PARA 2 OF THE REVENUES INSTANT APPLICATION. 4. WE HAVE HEARD THE PARTY BEFORE US, AND PERUSED THE MATERIAL ON RECORD. THE CONTENTS OF THE REVENUES APPLICATION, BEARING IT S ARGUMENT, STAND DULY NOTED ABOVE. THE SAME CARRY MERIT. HOWEVER, EVEN AS POINTED OUT DURING THE COURSE OF HEARING, THE REVENUES APPEAL ON ITS RECALL SHALL STAND COVERED BY THE EXT A NT INSTRUCTION ISSUED BY THE BOARD [ BEING INSTRUCTION NO. 21 OF 2015 DAT ED 10.12.2015 (F. NO. 279/MISC/142/2007 - IT(PT) ] , WHICH IS MADE APPLICABLE TO PENDING APPEALS BY IT AS WELL. THE SAME ENHANCE S THE LIMIT OF THE TAX - EFFECT FOR AN APPEAL BY THE REVENUE BEFORE THE A PPELLATE T RIBUNAL TO RS.10 LACS. ACCORDINGLY, ONLY APPEALS BY THE REVENUE BEFORE THE T RIBUNAL WHICH HAVE A TAX EFFECT IN EXCESS OF RS.10 LACS SHALL HENCEFORTH BE MAINTAINABLE. AS SUCH, RECALLING THE MATTER WOULD BE TO NO CONSEQUENCE IN - AS - MUCH AS THE REVENUES APPEAL SHALL NOT SURVIVE S. 268A READ WITH THE SAID CIRC ULAR. THE REVENUES PETITION, THEREFORE, T HOUGH PER SE VALID, IS OF NO CONSEQUENCE AS THE REVENUES APPEAL, EVEN GRANTING ITS RECALL, WOULD NOT BE MAINTAINABLE THERE - UNDER. WE , ACCORDINGLY , DECLINE INTERFERENCE . WE DECIDE ACCORDINGLY. 3 M A NO. 229/MUM/2015 (A.Y. 2002 - 03) ITO VS. PARAMPARA BUILDERS & DEVELOPERS PVT. LTD. 5. IN THE RESULT, THE R EVENUE S MISCELLANEOUS APPLICATION IS DISMISSED AS INFRUCTUOUS . ORDER PRONOUNCED IN THE OPEN COURT ON MAY 04 , 201 6 SD/ - SD/ - ( AMIT SHUKLA ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 04 . 0 5 . 201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APP LIC ANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI