DCIT CIR 6(1), MUMBAI vs. ALBERTVILLE EXPOPRTS P.LTD, MUMBAI

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ITA 6575/MUM/2014Status: DisposedITAT Mumbai30 July 2018AY 2005-063 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect of the appeal was below the monetary limit prescribed by CBDT Circular No. 3/2018. Therefore, the appeal filed by the Revenue was dismissed as not pressed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order which had quashed the assessment made under Section 147. The original assessment was completed under Section 143(3) r.w.s. 147, with subsequent additions made by the AO.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the prescribed monetary limit as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “A” MUMBAI

Before: SHRI PAWAN SINGH & SHRI N.K. PRADHAN

For Appellant: Mr. Prasad Bapat, AR
For Respondent: Mr. Rajesh Kumar Yadav, DR, Mr. Prasad Bapat, AR
Hearing: 23/07/2018Pronounced: 30/07/2018

PER N.K. PRADHAN, AM This is an appeal filed by the revenue. The relevant assessment year is 2005-06. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-14 [in short ‘CIT(A)’], Mumbai and arises out of the assessment completed u/s 143(3) r.w.s. 147 of the Income Tax Act 1961, (the ‘Act’).

2.

At the beginning of the hearing, the Ld. counsel of the assessee brought to our notice Circular No. 3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes (CBDT) and submits that the tax effect is M/s Albertville Exports 2 below the monetary limit of Rs.20,00,000/- and hence the appeal filed by the revenue be dismissed as withdrawn. The Ld. DR also refers to the above Circular issued by CBDT

3.

We have heard the rival submissions and perused the relevant materials on record. We find that the Assessing Officer (AO) has completed the assessment u/s 143(3) on 29.10.2007 accepting the total income of Rs.37,78,389/-. Subsequently, the AO made vide order dated 16.12.2010 an addition of Rs.6,10,302/- (short term capital gains on sale of furniture and fixture) and Rs.14,40,865/- (unabsorbed depreciation). Aggrieved by the order of the AO, the assessee filed an appeal before the Ld. CIT(A). It has been mentioned at page 1 of the order dated 01.08.2014 by the Ld. CIT(A) that the income tax, interest demanded in this case comes to Rs.11,58,680/-. The Ld. CIT(A) quashed the assessment made u/s 147 by the AO. Revenue, being aggrieved by the order of the Ld. CIT(A), has filed this appeal before the Tribunal. In the above Circular, it has been clarified that ‘tax effect’ shall be tax including applicable surcharge and cess. However, the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. The tax effect herein does not exceed the monetary limit of Rs.20,00,000/- fixed for filing appeal before the Tribunal. At para 13 of the above Circular, it has been clearly mentioned that:

“13. This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively

M/s Albertville Exports 3 to pending SLPs/appeals/cross objections/references. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.”

4.

Considering the factual scenario narrated at para 3 hereinbefore, the appeal filed by the revenue is dismissed as not pressed. Order pronounced in the open Court on 30/07/2018. (PAWAN SINGH) ACCOUNTANT MEMBER Mumbai; Dated: 30/07/2018 Rahul Sharma, Sr. P.S. 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, //// (Dy./Asstt.

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