Income Tax Appellate Tribunal - Mumbai
Tasc Chemicals Industreis P.Ltd, ... vs Department Of Income Tax on 29 December, 2015
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "H", MUMBAI
BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER
AND SHRI RAMLAL NEGI, JUDICIAL MEMBER
S. ITA No.& Appellant Respondent Appellant by Respondent
No. A.Y by
1 4293/M/15, ACIT 20(2), Shri Jagshi J. Shri B. None
nd
A.Y 2012-13 R.No.217, 2 Flr., Chheda, Satayanarayana
Piramal Prop. Silver Raju
Chambers, Developers, 9001,
Lalbaug, Parel, Meru Heights, 268,
Mumbai 400012 Telang Road,
Matunga (C.R),
Mumbai 400019
PAN:ACYPC2992B
2. 2422/M/15, ITO 8(3)-1, M/s. Tasc Shri B. None
th
A.Y 2006-07 R.No.617, 6 Flr., Chemicals Satayanarayana
Aaykar Bhavan, Industries Pvt. Ltd. Raju
MK Road, C-502, Kailash
Mumbai 400020 Esplanade, LBS
Marg, Ghatkopar,
Mumbai 400086
PAN:AAACT3152H
3. 4479/M/15, DCIT, CC-6(4), M/s. Welldone Shri B. None
A.Y2008-09 R.No.32(1), Real Estate Ltd., Satayanarayana
Ground Flr. 82, Maker Raju
Aaykar Bhavan, Chamber III,
MK Road, Nariman Point,
Mumbai 400021 Mumbai 400021
PAN:AAACW6277G
4. 4478/M/15, DCIT,CC-6(4), M/s. Welldone Shri B. None
A.Y. 2007- R.No.32(1), Real Estate Ltd., Satayanarayana
08 Aaykar Bhavan, 82, Maker Raju
MK Road, Chamber III,
Mumbai 400020 Nariman Point,
Mumbai 400021
PAN:AAACW6277G
5. 2919/M/15, ITO, Ward 2(3), M/s. Dream House Shri B. None
th
A.Y 2003-04 R.No.13, 6 Flr., Realtors, Neel Satayanarayana
Ashar I.t.Park, Akash Ganga, Raju
Wagle Industrial Ground Flr, Shop
Estate, No.7, Laxmi Park,
Road, No.16Z, Naya Nagar, Mira
2
ITA No. 4293/M/15 & Other 13 Appeals.
Thane (W) 400 Road, (E), Dist.
604 Thane 401 107
PAN:AADFD 9736B
6. 4860/M/15, DCIT 9(1)(1), M/s. A. Surti Shri B. None
nd
A.Y 2012-13 R.No.260A, 2 Developers Pvt. Satayanarayana
Flr., Aaykar Ltd., Nand Parkar Raju
Bhavan, MK Raod, Opp. Post
Road, Mumbai - Office, vile Parle
20 (E), Mumbai 400
057 PAN:
AAACA8288R
7. 592/M/15, ACIT-25(1), c-12, Shri Sharad Kumar Shri B. Mr. Varun
TH
A.Y 2006-07 7 Flr., R.No.711, Saraf, Satayanarayana Chaturvedi
Pratyaksh Kar A-25, MIDC Indl. Raju
Bhavan, BKC, Estate, Andheri (E),
Bandra(E), Mumbai 400051
Mumbai 51 PAN:AAAIPS 1238A
8. 807/M/15, DCIT, CC 8(1), Smt. Indra Gaggar, Shri B. None.
th th
A.Y 2005-06 R.No.656, 6 Flr, 41-42, 4 Flr., Satayanarayana
Aaykar Bhavan, Gaurav Extn., Film Raju
MK Road,Mumbai City Rd.,
20 Gokuldham,
Goregaon(E),
Mumbai 400063
PAN:AEXPG3889B
9. 811/M/15,A DCIT, CC 8(1), Shri Suresh Gaggar, Shri B. None
th
.Y 2006-07 R.No.656, 6 Flr, 302, Gaurav Apts., Satayanarayana
Aaykar Bhavan, Gokuldham, Raju
MK Road,Mumbai Goregaon (E)
20 Mumbai 400063
PAN:ABLPG 3809K
10. 806/M/15.A ITO Wd. 25(1)(1), M/s. Sanjaykumar Shri B. None
.Y.2006-07 C-12,R.No.705, Mathur HUF, 501, Satayanarayana
th
7 Flr. Amey House, Opp. Raju
Prayakshakar Sony Mony, JP
Bhavan, BKC, Road,Rajkumar
Bandra(E), Corner,
Mumbai -51 Andheri(W),
Mumbai 400058
PAN:AAQHS0880J
11. 1101/M/15, ITO 10(1)(3), Ms. Namrita Kabra, Shri B. None
A.Y.2011-12 R.No.25B, Gr.Flr., 605-606, Minal Satayanarayana
Aaykar Bhavan, Apts., Off. Saki Raju
MK Raod, Vihar Road,
Mumbai 20 Andheri(E),
Mumbai 72
PAN:AGAPK 1819K
3
ITA No. 4293/M/15 & Other 13 Appeals.
12. 7525/M/14, ACIT, CC 4(2), M/s. Choice Shri B. None
th
A.Y.2011-12 R.No.411, 4 Flr., International Ltd., Satayanarayana
Aaykar Bhavan, Shree Shakambhari Raju
MK Road, Corporate Park,
Mumbai 400020 156-158,
Chakravarti Ashok
Society, JB Nagar,
Andheri (E),
Mumbai 400099
PAN:AAACC4600K
13. 7528/M/14, DCIT 12(1)(1), M/s. Acryplast Pvt. Shri B. None
nd
A.Y.2005-06 R.No.223, 2 Flr., Ltd., C/o. Satayanarayana
Aaykar Bhavan, G.P.Mehta & Co., Raju
MK Road, 807, tulsiani
Mumbai 400020 Chambers,
Nariman Point,
Mumbai 400021
PAN:AADCA
1819M
14. 7388/M/14, ACIT 19(2), 2nd M/s. Metal Gems, Shri B. None
A.Y.2007-08 Flr, Matru 85-87, Satayanarayana
Mandir, Tardeo Kumbharwada, 2nd Raju
Rd., Mumbai 07 Pathan Street,
Mumbai 400004
PAN:AADFM0423E
Date of hearing : 29/12/2015
Date of pronouncement : 29/12/2015
ORDER
PER G.S. PANNU, AM:
The captioned 14 appeals, preferred by the Revenue, have been listed by the Registry before the Bench on the ground that they do not survive for consideration in view of the CBDT Circular No.21/2015 dated 10/12/2015.
2. The CBDT vide Circular dated 10/12/2015(supra) has revised the monetary limits for filing of appeals by the Department before the 4 ITA No. 4293/M/15 & Other 13 Appeals. Tribunal retrospectively. The tax effect in dispute in the captioned appeals is stated to be below the monetary limit of Rs.10.00 lacs specified in the CBDT Circular dated 10/12/2015 (supra).
3. In this background, Ld. Departmental Representative appearing for the Revenue was required to state his position. He has not brought out any material to suggest that the captioned appeals are protected by any of the circumstances prescribed in Para-8 of the Circular dated 10/12/2015 (supra) and as a consequence such appeals are liable to be treated as withdrawn/not pressed. The relevant portion of the circular dated 10/12/2015 (supra) is reproduced below:-
" 3.Henceforth appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:-
Sl. No. Appeals in Income-tax matters Monetary Limits (In Rs.)
1. Before Appellate Tribunal 10,00,000
2. Before High Court 20,00,000
3. Before Supreme Court 25,00,000 .................................................................................................................................
4. For this purpose, "tax effect" means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed (hereinafter referred to as "disputed issues"). However the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount of interest shall be the tax effect. In cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against.
.......................................................................................
5 ITA No. 4293/M/15 & Other 13 Appeals.8. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect:
(a) Where the Constitutional validity of the provisions of an Act or Rule are under challenge, or
(b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or
(c) Where Revenue Audit objection in the case has been accepted by the Department, or
(d) Where the addition relates to undisclosed foreign assets/ bank accounts.
9. The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute & rules. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case.
10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawal not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed."
(underlined for emphasis by us)
4. Without going into the merit of the issues raised in the captioned appeals, they are deemed to be withdrawn/not pressed as their filing is in contravention of the CBDT Circular dated 10/12/2015(supra).
5. If on a later date, it is found that the tax effect in dispute in any of the captioned appeal is more than the limit prescribed in the circular dated 10/12/2015 (supra) or it is covered by any of the exceptions provided in Para 8 of the circular (supra), then, the 6 ITA No. 4293/M/15 & Other 13 Appeals. Department shall be at liberty to approach the Tribunal for recall of the order and re-institution of appeal for adjudication on merits. The Tribunal shall consider such applications, if any, as per law.
6. In conclusion, by applying the CBDT Circular dated 10/12/2015(supra), the captioned appeals of the Revenue are dismissed as withdrawn/not pressed.
Above decision was pronounced in the open court at the conclusion of the hearing on 29/12/2015.
Sd/ Sd/-
(RAMLAL NEGI) (G.S. PANNU)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated 29 /12/2015
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.
BY ORDER,
//True Copy//
(Dy./Asstt. Registrar)
ITAT, Mumbai
Vm, Sr. PS