Income Tax Appellate Tribunal - Mumbai
Khatau Makhanji Spinning & Weaving ... vs Dcit Cir 2(2)(1), Mumbai on 3 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. 7580/Mum/2016
(Assessment Year: 2012-13)
DCIT, Circle-2(2)(1) The Khatau Makanji
Room No. 545, 5th Floor Spinning & Weaving Mills Co.
Aayakar Bhavan, M.K. Vs. Laxmi Building, 2nd Floor
Road, Mumbai 400020 Vallabhdas Marg, Ballard
Estate, Mumbai 400001
PAN - AAACT4149A
Appellant Respondent
CO No. 87/Mum/2018
(Assessment Year: 2012-13)
The Khatau Makanji DCIT, Circle-2(2)(1)
Spinning & Weaving Mills Co. Room No. 545, 5th Floor
Laxmi Building, 2nd Floor Vs. Aayakar Bhavan, M.K.
Vallabhdas Marg, Ballard Road, Mumbai 400020
Estate, Mumbai 400001
PAN - AAACT4149A
Appellant Respondent
Appellant by: Shri Himanshu Sharma
Respondent by: None
Date of Hearing: 03.08.2018
Date of Pronouncement: 03.08.2018
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)-5, Mumbai dated 09.09.2016 which in turn arises out of an order passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961 (hereinafter "the Act") dated 27.03.2015.
2 ITA No. 7580/Mum/2016The Khatau Makanji Spinning & Weaving Mills Co.
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).
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 Without going into the merit of the issue raised, the captioned appeal is deemed to be withdrawn/not pressed as it's filing is not in consonance with the CBDT circular dated 11.07.2018 (supra).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.
6. Since the appeal of the Revenue is dismissed, the cross objection of the assessee becomes academic and is also dismissed as it is only in support of the order of the CIT(A).
Above decision was pronounced in the open court at the conclusion of hearing on 3rd August, 2018.
Sd/- Sd/-
(Pawan Singh) (G.S. Pannu)
Judicial Member Accountant Member
Mumbai, Dated: 3rd August, 2018
3 ITA No. 7580/Mum/2016
The Khatau Makanji Spinning
& Weaving Mills Co.
Copy to:
1. The Appellant
2. The Respondent
3. The CIT(A) -5, Mumbai
4. The CIT - 2, Mumbai
5. The DR, "L" Bench, ITAT, Mumbai
By Order
//True Copy//
Assistant Registrar
ITAT, Mumbai Benches, Mumbai
n.p.