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Income Tax Appellate Tribunal, “K” Bench, Mumbai
O R D E R Per Bench:-
The revenue has filed these appeals challenging the orders passed by Ld CIT(A) in the respective hands of the assessees and they relate to the assessment years mentioned in the caption against the name of each of the assessees. In all these appeals, the revenue is aggrieved by the decision of Ld CIT(A) in granting relief to the respective asessees.
These appeals were heard ex-parte. We noticed that the quantum in dispute involved in these appeals is as given below and hence the tax effect involved therein is less than Rs.20.00 lakhs.
Name of assessee Quantum in Penalty dispute amount Westex Infotech Pvt. Ltd. 57,06,098 - United Ocean Ship Management Pvt. Ltd. 57,84,679 - Shree Riddhi Chemicals Pvt. Ltd. - 12,10,011 Chhaya Kiran Sheth 60,36,395 - The CBDT has issued a new Circular No.3/2018 dated 11.07.2018 in supersession of its earlier Circular No.21/2015 dated 10.12.2015. According to the Circular No.3/2018, the revenue is precluded from pursuing its appeal if the tax effect is Rs.20.00 lakhs or less. Apparently the issue in dispute does not fall in any of the exceptions provided in paragraph 10 of the Circular No.3/2018, referred above. The Ld D.R, however, sought time to get a certificate from the PCIT/CIT concerned that the grounds urged in this appeal does not fall under any of the exceptions specified in the said circular. However, from the available material, he could not point out that the issue contested in this appeal fall in any of the exceptions.
We have noticed that the tax effect involved in this appeal is less than Rs.20.00 lakhs and the issue contested herein also apparently does not fall in any of the exceptions specified in the Circular. Accordingly we dismiss the appeals of the revenue in limine. However, the revenue is given liberty to move miscellaneous application seeking recall of this order, if it is found that the issue contested in this appeal falls in any of the exception provided in paragraph 10 of the Circular.
In the result, all the appeals of the revenue are dismissed. Order has been pronounced in the Court on 3.8.2018.
Sd/- Sd/- (AMARJIT SINGH) (B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated : 3/8/2018 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// (Senior Private Secretary) PS ITAT, Mumbai IN THE INCOME TAX APPELLATE TRIBUNAL “K” Bench, Mumbai
Before S/Shri B.R.Baskaran (AM) & Amarjit Singh (JM)
DCIT, Circle-11(2)(1) M/s. Shree Riddhi Aayakar Bhavan Vs. Chemicals Pvt. Ltd. 4th Floor, M.K. Road 1st Floor, Hronby View Mumbai-400 020. Building, 12 Rustom Sidhwa Marg, Fort Mumbai-400 001.
PAN : AADCS0750K (Appellant) (Respondent)
CORRIGENDUM
The assessee has moved this petition seeking rectification of the inadvertent mistake occurred in the order dated 3.8.2018 passed in ITA No. 3056/Mum/2007.
2. It is stated in the petition that assessment year involved in the above said appeal is A.Y. 2011-12. However, in the cause title of the order assessment year has been wrongly written as A.Y. 2009-10 against ITA 3056/M/2017. Accordingly, it is prayed that a corrigendum may be issued to correct the mistake.
3. We have gone through the petition and perused the record. We find merit in the petition filed by the assessee. Accordingly, we order that assessment year mentioned against should be read as “2011-12” in the place of “2009-10”.