DCIT CEN CIR 6(4), V. GERMAN EXPRESS SHIPPING AGENCY (I) P.LTD,

MA 252/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4119 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 03-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI , ! . , &' !, & ( BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER MA. NO.252/MUM/2015 (ARISING OUT OF ITA NO.8036/MUM/2011) ASSESSMENT YEAR: 2008-09 DCIT, CENTRAL CIRCLE-6(4), ROOM NO.32(1), GROUND FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 / VS. M/S GERMAN EXPRESS SHIPPING AGENCY (I) PVT. LTD. SPAT BUILDING, 3 RD FLOOR, 18, J.N. HARDIA MARG, BALLARD ESTATE, MUMBAI-400001 / REVENUE / ASSESSEE P.A. NO. AABCG0117C ) * & / ASSESSEE BY SHRI M.M. GOLVALA ) * & / REVENUE BY SHRI RITESH MISHRA / DATE OF HEARING 11/03/2016 & / DATE OF ORDER: 14/03/2016 M.A.NO. 252/MUM/2015 (ARISING OUT OF ITA NO.8036/MUM/2011) M/S GERMAN EXPRESS SHIPPING AGENCY (I) PVT. LTD , 2 & / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THIS MISCELLANEOUS APPLICATION IS BY THE REVENUE O N THE GROUND THAT THE APPEAL OF THE REVENUE WAS DISMI SSED BY THE TRIBUNAL HOLDING THAT THE TAX EFFECT IN THE APP EAL IS BELOW PRESCRIBED MONETARY LIMIT AS CONTAINED IN CBD T INSTRUCTION NO.3/2011 DATED 09.02.2011, WHEREAS, TH E HONBLE TRIBUNAL HAS RELIED ON INSTRUCTION NO.5 OF 2014. IT WAS CONTENDED THAT THE TAX EFFECT IN THE PRESENT AP PEAL IS RS.3,59,305/-. 2. DURING HEARING, THE LD. DR, SHRI RITESH MISHRA, ADVANCED ARGUMENTS, WHICH IS IDENTICAL TO THE GROUN D RAISED IN THE MISCELLANEOUS APPLICATION. ON THE OTHER HAND , SHRI M.M. GOLVALA, DEFENDED THE CONCLUSION ARRIVED AT IN THE IMPUGNED ORDER BY CONTENDING THAT THE TRIBUNAL HAS TOOK A DECISION BASED UPON THE CASE FROM HONBLE JURISDICT IONAL HIGH COURT IN PITHWA ENGINEERING WORKS (276 ITR 519)(BOM.) BY HOLDING THAT THE APPEAL OF THE REVENU E IS NOT MAINTAINABLE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WITHOUT G OING INTO MUCH DELIBERATION, WE ARE OF THE VIEW THAT IN VIEW OF CIRCULAR NO.21/2015 DATED 10/12/2015, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, BECAUSE, THE CIRCULAR HAS RETROSPECTIVE EFFECT AND THE MONETARY LIMIT FOR FIL ING THE APPEAL BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS .10 M.A.NO. 252/MUM/2015 (ARISING OUT OF ITA NO.8036/MUM/2011) M/S GERMAN EXPRESS SHIPPING AGENCY (I) PVT. LTD , 3 LAKH, THUS, THIS MISCELLANEOUS APPLICATION OF THE R EVENUE IS DISMISSED AS IN-FRUCTUOUS. FINALLY, THE MISCELLANEOUS APPLICATION IS DISMISSED AS IN-FRUCTUOUS. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN T HE PRESENCE OF LEARNED REPRESENTATIVES FROM BOTH THE S IDES AT THE CONCLUSION OF THE HEARING ON 11/03/2016. SD/- SD/- MUMBAI; DATED : 14/03/2016 F{X~{T? P.S / & ) - ./ 0&/1. / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '#$ ! / THE RESPONDENT. 3. %$ %$ & ( ) / THE CIT, MUMBAI. 4. %$ %$ & / CIT(A)- , MUMBAI 5. )*+$ ' , %$ $ - , / DR, ITAT, MUMBAI 6. +. / / GUARD FILE. & / BY ORDER, #$) ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI ( JASON P. BOAZ ) (JOGINDER SINGH ) &' ! / ACCOUNTANT MEMBER ! / JUDICIAL MEMBER