ACWT, Kollam V. Parameswaran Bharathan, Kollam

MA 5/COCH/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7691 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 13-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAYAPRABHA

Judgement Text

1 M.P.NO.05/COCH/2012 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKARA N(AM) M.A NO. 05/COCH/2012 (ARISING OUT OF W.T.A NO. 25/COCH/2010) (ASSESSMENT YEAR 2006-07) THE AC.W.T. CIR.1 VS SHRI PARAMESHWARAN BHARATH AN KOLLAM PROP QUILON EXPORT ENTERPRISES PARAMESWAR NAGAR KOLLAM-691 001 PAN : AAEKPP5935K (APPLICANT) (RESPONDENT) APPLICANT BY : SMT. VIJAYAPRABHA RESPONDENT BY : NONE DATE OF HEARING : 23-03-2012 DATE OF PRONOUNCEMENT : 29-03-2012 O R D E R PER N.R.S. GANESAN (JM) THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS AP PLICATION ON THE GROUND THAT THE CIRCULAR OF CBDT FIXING THE MONETARY LIMIT IS NOT APPLICABLE IN RESPECT OF WEALTH-TAX MATTERS. 2. NO ONE APPEARED FOR THE ASSESSEE IN SPITE OF ISS UANCE OF NOTICE. THEREFORE, WE HEARD THE LD.DR AND THE MISCELLANEOUS APPLICATION DISPOSED OF ON MERIT ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. 2 M.P.NO.05/COCH/2012 3. SMT. VIJAYAPRABHA, THE LD.DR SUBMITTED THAT THE CIRCULAR ISSUED BY THE CBDT PERTAINS TO INCOME-TAX MATTER. THEREFORE, IT I S NOT APPLICABLE TO APPEALS FILED UNDER THE WEALTH-TAX ACT. THE LD.DR SUBMITTED THAT THE MONETARY LIMIT FOR FILING THE DEPARTMENTAL APPEAL CANNOT BE APPLIED IN RESPECT OF APPEAL ARISING OUT OF THE PROCEEDINGS UNDER THE WEALTH-TAX ACT. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD.DR AND PERUSED THE MATERIAL ON RECORD. NO DOUBT, THE CIRCULAR OF THE C BDT REFERS TO PROCEEDINGS IN INCOME-TAX MATTER. HOWEVER, THE OBJECT AND INTENTIO N OF THE CBDT WHILE ISSUING CIRCULAR FIXING THE MONETARY LIMIT IS NOT TO CONTES T THE MATTER BEFORE THE APPELLATE FORUMS SINCE THE COST OF LITIGATION IS VERY HIGH. APART FROM THIS, THE OFFICERS OF THE DEPARTMENT CAN CONCENTRATE ON OTHER MATTERS INSTEAD OF FIGHTING PETTY MATTERS BEFORE THE APPELLATE FORUMS. KEEPING THIS OBJECT IN MIND, THE CBDT IN EXERCISE OF ITS EXECUTIVE POWERS U/S 119 OF THE INCOME-TAX ACT I SSUED CIRCULAR FIXING THE MONETARY LIMIT. THEREFORE, EVEN THOUGH THERE WAS N O REFERENCE ABOUT THE WEALTH-TAX MATTER THIS TRIBUNAL IS OF THE OPINION TH AT THE CIRCULAR ISSUED U/S 119 IS EQUALLY APPLICABLE TO THE PROCEEDINGS IN RESPECT OF WEALTH-TAX MATTER ALSO. MOREOVER, SECTION 2(CA) OF THE WEALTH-TAX ACT SHOWS THAT THE OFFICERS, WHO ARE VESTED WITH RELEVANT JURISDICTION BY VIRTUE OF DIRE CTION / ORDER ISSUED U/S 120 OF THE INCOME-TAX ACT OR ANY OTHER PROVISIONS OF THE IN COME-TAX ACT WOULD APPLY FOR THE PURPOSE OF WEALTH-TAX ALSO. SINCE THE PROVISION S OF INCOME-TAX ACT WERE MADE APPLICABLE TO WEALTH-TAX PROCEEDINGS ALSO, THE CIRCULAR ISSUED UNDER INCOME-TAX ACT BY THE CBDT IS EQUALLY APPLICABLE FOR WEALTH-TAX PROCEEDINGS ALSO. THEREFORE, WE DO NOT FIND ANY MERIT IN THE CONTENTI ON OF THE LD.DR THAT THE CIRCULAR ISSUED BY CBDT FIXING THE MONETARY LIMIT F OR FILING THE APPEAL BEFORE THIS TRIBUNAL IS NOT APPLICABLE TO WEALTH-TAX PROCEEDINGS . IN VIEW OF THE ABOVE, WE DO 3 M.P.NO.05/COCH/2012 NOT FIND ANY MERIT IN THE APPLICATION OF THE REVENU E. ACCORDINGLY THE SAME IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF MARCH, 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 29 TH MARCH, 2012 PK/- COPY TO: 1. THE ACWT, CIR.1, KOLLAM 2. SHRI PARMESHWARAN BHARATHAN, PROP QUILON EXPORT ENT ERPRISES 3. COMMISSIONER OF INCOME-TAX(A)-I, TRIVANDRUM 4. THE COMMISSIONER OF INCOME-TAX, TRIVANDRUM 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH