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Income Tax Appellate Tribunal - Mumbai

Deputy Commissioner Of Income Tax ... vs M/S.Dominion Infrastructure And ... on 10 August, 2018

              IN THE INCOME TAX APPELLATE TRIBUNAL
                         "L" Bench, Mumbai

               Before Shri G.S. Pannu, Accountant Member
                 and Shri Pawan Singh, Judicial Member

                          ITA No. 5979/Mum/2017
                          (Assessment Year: 2012-13)

     D C I T - 14(1)(2)                   M/s. Dominion Infrastructure
     Room No. 475, 4th Floor              and Development Ltd.
     Aayakar Bhavan, M.K. Road      Vs.   301-A, Fortune 2000, BKC
     Mumbai 400020                        Bandra (E), Mumbai 400053
                             PAN - AACCD6659D
              Appellant                             Respondent

                   Appellant by:      Shri Himanshu Sharma
                   Respondent by:     None

                   Date of Hearing:       10.08.2018
                   Date of Pronouncement: 10.08.2018

                                 ORDER

Per G.S. Pannu, AM

The captioned appeal filed by the Revenue pertaining to A.Y. 2012-13 is directed against the order passed by the CIT(A)-22, Mumbai dated 12.06.2017 which in turn arises out of an order passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961 dated 30.03.2015.

2. The CBDT, vide Circular No. 3/2018 dated 11.07.2018, has revised the monetary limit for filing of appeals by the Department before the Tribunal with retrospective effect. The tax effect in dispute in the captioned appeal is stated to be below the monetary limit of `20 lakhs specified in the CBDT Circular dated 11.07.2018 (supra).

3. In this background, the learned D.R. appearing for the Revenue was required to state his position; he has not referred to any material which would show that the captioned appeal is protected by any of the exceptions provided in para 10 of the CBDT circular (supra).

Dominion Infrastructure & Development Ltd.

4. Without going into the merit of the issue raised, the captioned appeal is deemed to be withdrawn/not pressed as it's filing is not in consonance with the CBDT circular dated 11.07.2018 (supra). Before parting we may clarify that if on a later date, the Revenue finds that filing of the appeal is protected by the exceptions provided in para 10 of the CBDT circular (supra), it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, if any, as per the extant law.

5. In conclusion, by applying the CBDT circular dated 11.07.2018 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/ not pressed.

Above decision was pronounced in the open court at the conclusion of hearing on 10th August, 2018.

                  Sd/-                                       Sd/-
             (Pawan Singh)                               (G.S. Pannu)
            Judicial Member                           Accountant Member

Mumbai, Dated: 10th August, 2018

Copy to:

     1.   The   Appellant
     2.   The   Respondent
     3.   The   CIT(A) -22, Mumbai
     4.   The   Pr. CIT-14, Mumbai
     5.   The   DR, "L" Bench, ITAT, Mumbai
                                                            By Order

//True Copy//
                                                      Assistant Registrar
                                              ITAT, Mumbai Benches, Mumbai
n.p.