DEPUTY COMMISSIONER OF INCOME TAX 8(1)(2), MUMBAI V. SEA LINKERS PRIVATE LIMITED , MUMBAI

MA 348/MUM/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8084 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: L
• Assessment Year: 2010-2011
• Appeal Filed On: 11-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Assessee Lawyers: DEEPAK TRAISHAWALA
• Keywords: Tax effect

Judgement Text

P A G E | 1 M.A. NO. 348/MUM/2018 A.Y. 2010 - 11 (ARISING OUT OF ITA NO. 3180/MUM/2017) DY. COMMISSIONER OF INCOME TAX - 8(1)(2) VS. M/S SEA LINKERS PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, M UMBAI BEFORE SHRI RAJESH KUMAR, AM AND SHRI RAVISH SOOD, JM M.A. NO. 348 /MUM/2018 (ARISING OUT OF ITA NO. 3180 /MUM/2017) ( / ASSESSMENT YEAR:2010 - 11) DY. COMMISSIONER OF INCOME TAX - 8(1)(2) , ROOM NO. 651, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 / VS. M/S SEA LINKERS PVT. LTD. BPT, PLOT NO. 107, QUAY STREET, DARUKANAN, MUMBAI - 400 010 ./ ./ PAN NO. AAHCS5084N ( / APPLICANT) : ( / RESPONDENT ) / APPLICANT BY : SHRI NISHANT SAMAIYA, D .R / RESPONDENT BY : SHRI DEEPAK TRAISHAWALA, A .R / DATE OF HEARING : 21.12.2018 / DATE OF PRONOUNCEMENT : 2 1 .12.2018 / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER: THE PR ESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE ON 11.05.2018 ARISES FROM THE ORDER PASSED BY THE TRIBUNAL IN DY. CIT - 8(1)(2), MUMBAI VS. M/S SEA LINKERS PVT. LTD, ITA NO. 3180/MUM/2017 , DATED 06.09.2017 . 2. THE AFOREMENTIONED APPEAL FILED BY THE REVENUE WAS DISMISSED BY THE TRIBUNAL , VIDE ITS ORDER DATED 06.09.2017 , ON THE GROUND THAT AS THE TAX P A G E | 2 M.A. NO. 348/MUM/2018 A.Y. 2010 - 11 (ARISING OUT OF ITA NO. 3180/MUM/2017) DY. COMMISSIONER OF INCOME TAX - 8(1)(2) VS. M/S SEA LINKERS PVT. LTD. EFFECT INVOLVED IN THE APPEAL WAS LESS THAN RS. 10 LAC, THEREFORE , THE SAME WAS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015 WHEREIN THE MONETARY LIMIT FOR FILING OF THE APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL HAD BEEN REVISED RETROSPECTIVELY . IT WAS OBSERVED BY THE TRIBUNAL TH AT AS THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL AS ADMITTED BY THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) WAS BELOW THE MONETARY LIMIT OF RS.10 LAC, HENCE THE SAID APPEAL WAS NOT MAINTAINABLE. 3. THE REVENUE BY F ILING THE PRESENT APPLICATION HAS STATED THAT THE TAX (INCLUDING SURCHARGE AND CESS) INVOLVED IN THE AFOREMENTIONED APPEAL AMOUNTED TO RS.10,00,957/ - , THEREFORE, THE SAME WOULD NOT FALL WITHIN THE REALM OF THE AFOREMENTIONED CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015. 4. DURING THE COU RSE OF THE HEARING OF THE APPLICATION , IT WAS ADMITTED BY THE LD. D.R THAT AS THE AFOREMENTIONED CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015 HAD NOW BEEN SUPERSEDED BY THE CBDT CIRCULAR NO. 3/2018, DATED 11.07.2018, WHEREIN THE MONETARY LIMIT FOR FILING OF THE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL HAD BEEN RETROSPECTIVELY REVISED AND RAISED TO AN AMOUNT OF RS.20 LAC, THEREFORE, THE APPEAL FILED BY THE REVENUE WOULD NOW BE COVERED BY THE SAID REVISED MONETARY LIMIT AND AS SUCH WOULD NOT BE MAINTAINABLE. THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE ALSO TOOK SUPPORT OF THE CIRCULAR NO. 3/2018, DATED 11.07.2018 AND SUBMITTED THAT THE APPEAL OF THE REVENUE BEING MUCH BELOW THE REVISED MONETARY LIMIT OF RS.20 LAC WAS THUS NOT MAINTAIN ABLE. 5. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION AND ARE OF THE CONSIDERED VIEW THAT AS ADMITTEDLY THE TAX EFFECT INVOLVED IN THE AFOREMENTIONED APPEAL FILED BY THE REVENUE IS BELOW THE MONETARY LIMIT OF RS.20 LAC AS HAD BEEN RETROSPECTIVELY REVISED BY THE CBDT CIRCULAR NO. 3/2018, DATED 11.07.2018 FOR THE PURPOSE OF MAINTAINABILITY OF AN APPEAL BEFORE THE TRIBUNAL, THUS THE PRESENT APPEAL OF THE REVENUE WOULD NOT BE MAINTAINABLE . WE THUS IN TERMS OF OUR AFORESAID OBSERVATIONS DECLINE TO RESTORE THE APP EAL FILED BY THE P A G E | 3 M.A. NO. 348/MUM/2018 A.Y. 2010 - 11 (ARISING OUT OF ITA NO. 3180/MUM/2017) DY. COMMISSIONER OF INCOME TAX - 8(1)(2) VS. M/S SEA LINKERS PVT. LTD. REVENUE. RESULTANTLY, T HE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN COURT ON 2 1 . 12.2018 S D / - S D / - ( RAJESH KUMAR ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 21.12.2018 PS. ROHIT / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI