ITO CEN -II Nashik., Nashik V. Shri Jagdishchandra G Mittal, Nashik

MA 52/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9550 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 08-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Keywords: Tax effect

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER MA NO. 51/PN/2012 (ARISING OUT OF ITA NO.862/PN/2010) (ASSESSMENT YEAR 2007-08) INCOME TAX OFFICER, CENTRAL-II, NASHIK. .. APPLICANT VS. NARESHKUMAR G. MITTAL, D-48, MIDC AREA, JALGAON, JALGAON 425 003. PAN NO. ABDHN 7544K .. RESPONDENT MA NO.52/PN/2012 (ARISING OUT OF ITA NO.861/PN/2010) (ASSESSMENT YEAR 2007-08) INCOME TAX OFFICER, CENTRAL-II, NASHIK. .. APPLICANT VS. JAGDISHCHANDRA G. MITTAL, 380, RAMKRISHNA GUNJ, KHANDWA, NASHIK PAN NO. ABFPA 5088C. .. RESPONDENT APPLICANT BY : SRI S.K. SINGH, CIT RESPONDENT BY : SRI NIKHIL PATHAK DATE OF HEARING : 05-10-2012 DATE OF PRONOUNCEMENT : 05-10-2012 ORDER PER R.K. PANDA, AM : THE REVENUE THROUGH THE ABOVE TWO MISCELLANEOUS AP PLICATIONS REQUESTS THE TRIBUNAL TO RECALL ITS ORDER TO DECIDE THE ISSUE ON MERITS SINCE THE APPEALS ARE DISMISSED BY THE TRIBUNAL ON THE GROUND THAT THE TA X EFFECT INVOLVED IN THESE APPEALS ARE LESS THAN RS. 3 LAKHS. 2 2. THE LEARNED DR REFERRING TO THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF CIT CENTRAL-III VS. SURYA HERBAL LTD. I N SLP CC NO. 13694/2011 SUBMITTED THAT CIRCULAR NO.3/2011 DATED 09-02-2011 SHOULD NOT BE APPLIED IPSO FACTO, PARTICULARLY WHEN THE MATTER HAS A CASCADING EFFECT. THEREFORE, THE HONBLE ITAT WAS NOT CORRECT IN APPLYING THE CIRCULAR NO.3/ 2011 ON THE MONETARY LIMIT FIXED FOR FILING APPEAL BEFORE IT AS THE DEPARTMENT HAD FILED APPEAL ON 18-09-2009 WHEREIN CBDT INSTRUCTION NO. 5 OF 2008 WAS IN FORCE AND IT PROVIDED FOR FILING OF APPEALS BEFORE ITAT IF THE TAX EFFECT WAS MORE THAN RS.2 LAKHS. IN VIEW OF THE ABOVE, HONBLE ITAT HAS ERRED IN RELYING ON INSTRUC TION NO.3/2011 AND APPLYING THE SAME IPSO FACTO IN RESPECT OF APPEALS FILED PRI OR TO 09-02-2011. HENCE, THIS MISTAKE REQUIRES TO BE RECTIFIED. 3. THE LEARNED COUNSEL FOR THE ASSESSEE ON THE OTHE R HAND FILED A COPY OF THE DECISION OF THE JURISDICTIONAL HIGH COURT IN THE CA SE OF CIT CENTRAL-III VS. M/S. VIRENDRA & CO. VIDE ITA NO.987/2000 ORDER DATED 20- 07-2012 AND SUBMITTED THAT CBDT CIRCULAR NO. 3/2011 ISSUED ON 09-02-2011 HAS R ETROSPECTIVE EFFECT AND WOULD ALSO APPLY IN RESPECT OF PENDING APPEALS. 4. AFTER HEARING BOTH SIDES WE FIND NO MISTAKE IN T HE ORDER OF THE TRIBUNAL DISMISSING THE APPEALS FILED BY THE REVENUE. WE FI ND THE TRIBUNAL WHILE DISMISSING THE APPEAL ON THE GROUND OF TAX EFFECT HAS RELIED O N THE DECISION OF HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. MRS. P.S. JAIN & CO. AND THE DECISION OF HONBLE DELHI HIGH COURT IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. AND VARIOUS OTHER DECISIONS. NOTHING CONTRARY WAS BROU GHT TO OUR NOTICE AGAINST THE DECISIONS OF THE JURISDICTIONAL HIGH COURT RELIED O N BY THE TRIBUNAL. UNDER THESE CIRCUMSTANCES, WE FIND NO SUBSTANCE IN THE MAS FILE D BY THE REVENUE. ACCORDINGLY THE MAS FILED BY THE REVENUE ARE DISMISSED. 3 5. IN THE RESULT, BOTH THE MAS FILED BY THE REVENUE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E. ON 05 TH OCTOBER 2012. SD/- SD/- (R.S. PADVEKAR) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT M EMBER PUNE, DATED THE 5 TH OCTOBER 2012 SATISH COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE 2. DEPARTMENT 3. CIT(A)-I, NASHIK 4. CIT (CENTRAL), NAGPUR 5. D.R. B BENCH, PUNE 6. GUARD FILE BY ORDER // TRUE COPY // SENIO R PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE