ACIT 18(2), MUMBAI V. AKBAR HASANALI PADAMSEE, MUMBAI

ITA 1796/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2282 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 08-06-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 06-03-2013
• Court: TRIBUNAL
• Assessee Lawyers: ISHWAR RATHI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI AMIT SHUKLA (JUDICIAL MEMBER) AND SHRI ASHWANI TANEJA (ACOUNTANT MEMBER) I.T.A. NO. 1796/MUM/2013 (ASSESSMENT YEAR: 2007-08) ACIT 18(2), MUMBAI VS MR AKBAR HASANALI PADAMSEE 802, VINAYAK AANGAN APARTMENT, OLD PRABHADEVI ROAD, PRABHADEVI, MUMBAI 28 PAN : AHFPP9512N (APPELLANT) (RESPONDENT) APPELLANT BY SHRI GANESH BARE RESPONDENT BY SHRI ISHWAR RATHI DATE OF HEARING : 14-07-2016 DATE OF PRONOUNCEMENT : 27 -07-2016 O R D E R PER ASHWANI TANEJA, AM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS) [HEREINAFTER C ALLED CIT(A)] DT 11- 12-2012 FOR A.Y. 2007-08 ON THE FOLLOWING GROUNDS: 1 'ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) ERRED IN NOT CONSIDERING THE FACT THAT TH E REASONABLE RENT WAS DETERMINED IN VIEW OF THE PROVI SIONS OF SECTION 23(1)(A) OF THE ACT. 2 I.T.A. NO.1796 /MUM/2013 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LD.CIT(A) ERRED IN NOT CONSIDERING THE DECISION OF THE HON. ITAT IN THE CASE OF ITO VS. CHEM MECH PVT. LTD [83 LTD 4271 RELIED UPON BY THE AO FOR DETERMINING THE ALV OF TH E PROPERTY. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LD.CIT(A) ERRED IN HOLDING THAT THE PROPERTY AT PHI ROJA COURT, JUHU AND NEELKANTH, THANE HAVE BEEN USED BY THE ASS ESSEE FOR HIS PROFESSIONAL WORK WHICH IS BASED ON ASSUMPT ION. 2. DURING THE COURSE OF HEARING, LD. COUNSEL OF THE AS SESSEE STATED THAT TAX EFFECT IN THIS CASE IS LESS THAN RS .10 LAKH . THE LD. DR FAIRLY AGREED WITH THE ARGUMENT OF THE LD. COUNS EL. 3. IT IS NOTED THAT THE CBDT ISSUED A CIRCULAR DT 10-1 2-2015 BEARING NO.21 OF 2015 WHEREIN IT WAS PROVIDED THAT REVENUE SHOULD REFRAIN FROM FILING APPEALS IN CASES WHERE TAX EFFE CT IS LESS THAN RS.10 LAKHS. THUS, WE FIND THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE. HOWEVER, OUR ORDER HAS NO BEARING ON THE MERITS OF THE CASE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON THIS _27 TH ___ DAY OF JULY, 2016. SD/- SD/- (AMIT SHUKLA) (ASHWANI TANEJA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: JULY, 2016 PK/- & PATEL COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 I.T.A. NO.1796 /MUM/2013 3. THE CIT(A) 4. THE CIT 5. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE , A-BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES