ASST CIT 32(3), MUMBAI V. V.K. RAJENDRAN, MUMBAI

ITA 1442/MUM/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3501 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 10-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DEVANG DIVECHA; B J VYAS
• Keywords: Tax effect

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , AM ./ I.T.A. NO. 1442/MUM/2015 ( / ASSESSMENT YEAR: 2010 - 11 ) ASST. CIT - 32(3), ROOM N O. 108, 1 ST FLOOR, BLDG. NO. C - 11, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051 / VS. V. K. RAJENDRAN F - 406, COUNTRY PARK, DATTAPADA ROAD, BORIVALI (E), MUMBAI 400 066 ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI ARVIND KUMAR / RESPONDENT BY : SHRI B. J. VYAS & SHRI DEVANG DIVECHA / DATE OF HEARING : 27.6.2016 / DATE OF PRONOUNCEMENT : 27.6.2016 / O R D E R PER SANJA Y ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 44 , MUMBAI (CIT(A) FOR SHORT) DATED 16.12.2014 , PARTLY ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) OF THE INC OME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2010 - 11 VIDE ORDER DATED 30.1.2013 . 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE S , THE ASSESSEES COUNSEL S , SHRI B. J. VYAS & SHRI DEVANG DIVECHA , THA T THE TAX EFFECT OF THE REVENUES APPEAL IS BELOW RS.10 LACS, AND WHICH IS THEREFORE NOT MAINTAINABLE U/S. 268A OF THE ACT IN VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BOARD (INSTRUCTION NO. 21 OF 2015 DATED 10.12.2015 (F. NO. 279/MISC/142/2007 - IT(PT)). THE LD. 2 ITA NO. 1442/MUM/2015 (A.Y. 2010 - 11) ASST. CIT VS. V. K. RAJENDRAN DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE INSTANT APPEAL BEING WELL BELOW RS.10 LACS, THE CLAIM UNDER DISPUTE - SINCE ALLOWED BY THE LD. CIT(A), BEING FOR RS .16,06,582/ - . 3. IN VIEW OF THE FOREGOING, THE REVE NUES APPEAL IS NOT MAINTAINABLE U/S. 268A OF THE ACT, REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD, WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT RS.10 LACS FOR THE APPELLATE TRIBUNAL, I.E., FOR APPEALS PREFERRED BY THE REVENUE. THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. THE MENTION OF THE IMPUGNED SUM AT RS.213.66 LACS IN GROUND # 1 BEFORE THE TRIBUNAL, IS INCORRECT, AND TOWARD WHICH I HAVE VERIFIED BOTH THE ASSESSMENT ORDER AND THE IMPUGNED ORDER, AS WELL AS THE G ROUNDS OF A PPEAL AND S TATEMENT OF F ACTS BEFORE THE FIRST APPELLATE AUTHORITY. I DECIDE ACCORDINGLY. 4 . IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 27 , 201 6 SD/ - (S ANJAY ARORA) / A CCOUNTANT MEMBER MUMBAI ; DATED : 27 . 0 6 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / B Y ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI