ITO 19(3)(1), V. DHAMU INTERIORS, MUMBAI

ITA 1567/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4057 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 13-04-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 25-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE S HRI S HAKTIJIT D EY ( JM ) & S HRI R AJESH K UMAR ( AM ) ITA NO.1567/MUM/2013 (ASSESSMENT YEAR 2005 - 06) ITO - 19(3)(1) ROOM NO.307 3TH FLOOR PIRAMAL CHAMBERS LALBAUG, MUMBAI - 4000 12. VS. M/ S. DHAMU INTERIORS 65/2830, ASHA DEEP GANDHI NAGAR BANDRA EAST MUMBAI - 400 051. ( APPELLANT ) .. ( RESPONDENT ) PAN NO.AADFD2381A ASSESSEE BY: NONE DEPARTMENT BY MS.SUDHA RAMCHANDRAN DATE OF HEARING 20.4.2016 DATE OF PRONOUNCEMENT 20.4.2016 / O R D E R PER R AJESH KUMAR , A M : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 4.12.2012, PASSED BY THE CIT(A) - 18, MUMBAI, FOR THE ASSESSMENT YEAR 2008 - 2009. 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFEC T IN THE APPEAL OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SAME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 3. CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED . M/S DHAMU INTERIORS 2 ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 20.4.2016. SD/ - SD/ - (SHAKTIJ IT DEY) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 20/4/2016 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CI T(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI M/S DHAMU INTERIORS 3 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SHAKTIJIT DEY (JM) & SHRI RAJESH KUMAR (AM) ITA NO.1567/MUM/2013 (ASSESSMENT YEAR 2005 - 06) ITO - 19(3)(1) ROOM NO.307 3TH FLOOR PIRAMAL CHAMBERS LALBAUG, MUMBAI - 4000 12 . VS. M/S. DHAMU INTERIORS 65/2830, ASHA DEEP GANDHI NAGAR BANDRA EAST MUMBAI - 400 051. PAN .AADFD2381A ( APPELLANT ) .. ( RESPONDENT ) CORRIGENDUM THE TRIBUNAL HAS PASSED ORDER IN THIS APPEAL ON 20.4.2016 AND IN THE SAID ORDER FOLLOWING MISTAKES HAVE BEEN CREPT: IN THE SECOND LINE OF THE ORDER ASSESSMENT YEAR HAS BEEN MENTIONED AS 2008 - 09 THE ABOVE MISTAKE HAS BEEN RECTIFIED AND THE SAME MAY BE READ AS UNDER: THE APPEAL FILED BY THE REVENUE IS DIRECT ED AGAINST THE ORDER DATED 4.12.2012, PASSED BY THE CIT(A) - 18, MUMBAI, FOR THE ASSESSMENT YEAR 2005 - 06 SD SD (SHAKTIJIT DEY) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 04/11/2016 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 (DY./ASSTT. REGISTRAR) ITAT, MUMBAI