ITO 22(1)(3), NAVI MUMBAI V. MAHARSHTIYA AIKYAVARDHAK PARASPAR SAHAKARI MANDAL PATPEDHI LTD, MUMBAI

ITA 1678/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2315 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 11-03-2014
• Court: TRIBUNAL
• Assessee Lawyers: NEELABH SHREESH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.1678/MUM/2014 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER - 22(1)(3) VASHI RLY. STATION COMPLEX, TOWER NO.6, 4 TH FLOOR, VASHI, NAVI MUMBAI / VS. MAHRASHTRIYA AIKYAVARDHAK PARASPAR SAHAKARI MANDAL PATPEDHI LTD. PRANAY SUDARSHAN A WING, 1 ST FLOOR, JOSHI LANE, GHATKOPAR (EAST), MUMBAI-400077 ( ' / REVENUE) ( #$ % /ASSESSEE) P.A. NO.AABAM5906H ' / REVENUE BY SHRI MOHAMMED RIZWAN-DR #$ % / ASSESSEE BY SHRI NEELABH SHREESH & '' ( % ) / DATE OF HEARING : 26/10/2016 ( % ) / DATE OF ORDER: 26/10/2016 MAHRASHTRIYA AIKYAVARDHAK PARASPAR SAHAKARI MANDAL PATPEDHI LTD. ITA NOS.1678/MUM/2014 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DAT ED 04/12/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, SHRI NEELABH SHREESH, LD. COUNSEL FOR THE ASSESSEE CONTENDED THA T IN THE PRESENT APPEAL, THE TOTAL TAX EFFECT IS BELOW PRESC RIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI MOHAMMED RIZWAN, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPE AL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEA L BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPE AL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - MAHRASHTRIYA AIKYAVARDHAK PARASPAR SAHAKARI MANDAL PATPEDHI LTD. ITA NOS.1678/MUM/2014 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 26/10/2016. SD/- SD/- ( N. K. PRADHAN ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; * DATED :26/10/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,-. / THE APPELLANT 2. /-. / THE RESPONDENT. 3. 0 0 & 1% ( +, ) / THE CIT, MUMBAI. 4. 0 0 & 1% / CIT(A)- , MUMBAI 5. 3'4 % , 0 +,) + 5 , & ' / DR, ITAT, MUMBAI 6. 6# 7' / GUARD FILE. / BY ORDER, /3,% % //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI,