ITO 25(3)(3), MUMBAI V. POONAM P. SHAH, MUMBAI

ITA 1668/MUM/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1838 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-04-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 01-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBMITTED THAT APPEALS FILED
• Assessee Lawyers: BELOW; WIT H A TAX EFFECT OF RS LAKHS
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUM BAI BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI AMARJIT SINGH, JM / I.T.A. NO.1668/M/13 ( / ASSESSMENT YEAR: 2007-08) INCOME TAX OFFICER 25(3)(3) ROOM NO. 304, 3 RD FLOOR, BLDG. NO. C-11, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI - 400051 / VS. SMT. POONAM P. SHAH FLAT NO. 01, D-WING, GOKUL NAGAR 02, CDE SOCIETY, THAKUR VILLAGE, KANDIVALI (EAST), MUMBAI - 400101 ./ ./ PAN/GIR NO. : BGRPS8910B ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 16.12.2015 /DATE OF PRONOUNCEMENT: 16.12.2015 !' / O R D E R PER AMARJIT SINGH, JM: THIS APPEAL FILED BY THE REVENUE ON 01.03.2013 IS AGAINST THE ORDER OF LEARNED CIT(A) 35, MUMBAI DATED 14.12.2012 FOR THE ASSESSMENT YEAR 2007-08. 2. AT THE OUTSET, LEARNED COUNSEL FOR THE ASSESSEE MENTIONED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS AND THEREFORE, THIS APPEAL IS NOT MAINTAINABLE. IN SUPPORT OF THIS HE SUBMITTED THE WORKING OF THE TAX EFFECT WHICH IS RS.5,05,124/-. IN SUPPORT OF HIS ARGUMENT , HE BROUGHT OUR ATTENTION TO THE RECENTLY ISSUED CBDT CIRCULAR NO.21/2005, DATED 10.12.2015 AND SUBMITTED THAT THE APPEALS FILED BY THE REVENUE WIT H A TAX EFFECT OF RS.10 LAKHS AND BELOW ARE TO BE EITHER DISMISSED BY THE TRIBUNA L AS NOT MAINTAINABLE OR NOT ASSESSEE BY: SHRI JITENDRA SINGH DEPARTMENT BY: MS. R.M.MADHVI ITA NO.1668/MUM/2013 ASSESSMENT YEAR: 2007-08 2 PRESSED BY THE REVENUE. REFERRING TO THE ABOVE MEN TIONED BOARD CIRCULAR NO.21/2015, LEARNED COUNSEL FOR THE ASSESSEE BROUGH T OUR ATTENTION TO PARA 10 AND SUBMITTED THAT THE SAID MONETARY LIMITATION OF RS.10 LAKHS APPLIES TO ALL THE APPEALS FILED BY THE REVENUE RETROSPECTIVELY. CON SIDERING THE SIGNIFICANCE OF THE SAID PARA 10 OF THE CBDT CIRCULAR (SUPRA) IS EX TRACTED AS UNDER:- 10. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/ TRIB UNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/ NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 3. CONSIDERING THE ABOVE, THE APPEAL FILED BY THE R EVENUE, WHEREIN THE TAX EFFECT IS BELOW THE ABOVE STATED TAX LIMIT OF RS.10 LAKHS, IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH DECEMBER , 2015. SD/- SD/- (D.KARUNAKARA RAO) (AMARJIT SINGH) ! / ACCOUNTANT MEMBER $% ! /JUDICIAL MEMBER & ' MUMBAI; (! DATED : 16 TH DECEMBER, 2015 MP MP MP MP ITA NO.1668/MUM/2013 ASSESSMENT YEAR: 2007-08 3 !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) ( ) / THE CIT(A)- 4. ) / CIT 5. *+, %%-. , -. , & ' / DR, ITAT, MUMBAI 6. ,/0 1 / GUARD FILE. / BY ORDER, * % //TRUE COPY// % / & ' (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI