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Income Tax Appellate Tribunal - Mumbai

Dcit Cir. 2(2)(1), Mumbai vs Lakshmiwadi Mines & Minerals P. Ltd., ... 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 Nos. 875 & 876/Mum/2017
                  (Assessment Years: 2009-10 & 2011-12)

      DCIT, Circle-2(2)(1)            M/s. Lakshmiwadi Mines &
      Room No. 545, 5th Floor         Minerals P. Ltd.
      Aayakar Bhavan, M.K.       Vs. Room No. 20, Yusuf Bldg.
      Road, Mumbai 400020             43, M.G. Road, Fort
                                      Mumbai 400001
                            PAN - AAACL1756F
              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 appeals filed by the Revenue pertaining to A.Y. 2009-10 are directed against the order passed by the CIT(A)-5, Mumbai dated 01.11.2016 which in turn arise out of separate orders passed by the Assessing Officer under Section 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter "the Act") dated 26.02.2015 and 14.03.2014 respectively.

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).

M/s. Lakshmiwadi Mines & Minerals P. 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 Without going into the merit of the issue raised, the captioned appeal is deemed to be withdrawn/not pressed as it's filing is not in consonance with the CBDT circular dated 11.07.2018 (supra).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 appeals of the Revenue are dismissed as withdrawn/ not pressed.

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

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.