ITO 25(1)(3), MUMBAI V. ANTONY BUILDWELL JV, MUMBAI

ITA 1700/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3184 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-03-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 12-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M MURLI
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.1700/MUM/2014 ASSESSMENT YEAR-2008-09 ITO - 25(1)(3), ROOM NO.306, C-10, 3 RD FLOOR, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400051 / VS. M/ S ANTONY BUILDWELL JV A/402, JAGANNATH APARTMENTS, ROKADIA LANE, BORIVALI (W), MUMBAI-400092 PAN NO.AAAAA8541P ( / REVENUE) ( / RESPONDENT) / REVENUE BY SHRI M. MURLI -DR / RESPONDENT BY MR. ANANT N. PAI / DATE OF HEARIN G : 31/03/2016 / DATE OF ORDER: 01/04/2016 ITA NO.1700/MUM/2014 M/S ANTONY BUILDWELL JV 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 16/12/2013 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI. 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, SHRI ANANT N. PAI, CONTENDED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW THE PRESCRIBE D MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROV ERTED BY THE LD. DR, SHRI M. MURLI. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT THE TOTAL INCOME ASSESSED WAS RS.10,75,732/- AND TH E PAYABLE TAX IS RS.3,32,402/-, MEANING THEREBY, THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED LI MIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNA L. 2.2. IN VIEW OF THE FACT, THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICA BLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMIT.:- ITA NO.1700/MUM/2014 M/S ANTONY BUILDWELL JV 3 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/ - AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY LIMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRIBUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REV ENUE IS NOT MAINTAINABLE. THEREFORE, THE APPEAL OF THE REV ENUE IS DISMISSED AS NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 31/03/2016. SD/- SD/- (RAJENDRA) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER MUMBAI; # DATED : 01/04/2016 F{X~{T? P.S/. $. . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. &' / THE APPELLANT (RESPECTIVE ASSESSEE) 2. / THE RESPONDENT. 3. ( ( ) ( &' ) / THE CIT, MUMBAI. ITA NO.1700/MUM/2014 M/S ANTONY BUILDWELL JV 4 4. ( ( ) / CIT(A)- , MUMBAI, 5. ,-. $$/0 , ( &' &/01 , / DR, ITAT, MUMBAI 6. .23 4 / GUARD FILE. / BY ORDER, ,' $ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI