ACIT 16(1), MUMBAI V. MEHBOOB PRODUCTIONS P.LTD, MUMBAI

ITA 1879/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1653 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 31-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI . , , BEFORE SHRI C. N. PRASAD , JM AND SHRI MANOJ KUMAR AGGARWAL , AM ./ I.T.A. NO. 1879/MUM/2015 ( / ASSESSMENT YEAR: 20 11 - 2012 ) ASSTT. COMMISSIONER OF INCOME TAX - 16 (1), ROOM NO. 439 AAYAKAR BHAVAN MUMBAI 20 / VS. M/S MEHBOOB PRODUCTIONS P V T. LTD. 100, HILL ROAD BANDRA WEST MUMBAI 400050 ./ ./ PAN/GIR NO. AA ACM3000F ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI PURUSHOTTAM KUMAR , DR / RESPONDENT BY : MS. AASIFA KHAN , AR / DATE OF HEARING : 22 /11 /2016 / DATE OF PRONOUNCEMENT : 22 /1 1 /2016 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE PRESENT APPEAL BY REVENUE FOR A SSESSMENT Y EAR [AY] 20 11 - 12 ASSAILS THE ORDER OF THE COMMISSIONER OF INCOM E TAX (APPEALS) - 4 [CIT(A)], MUMBAI DATED 07/0 1 /201 5 ON 2 ITA NO. 1879/ MUM / 2015 M/S. MEHBOOB PRODUCT IONS P. LTD. ASSESSMENT YEAR 20 11 - 1 2 THE GROUND THAT CIT(A) WAS NOT JUSTIFIED IN HOLDING CERTAIN EXPENSE ON ACQUISITION OF PLANT & MACHINERY AS REVENUE IN NATURE. 2. AT THE OUTSET, IT HAS BEEN BROUGHT TO OUR NOTICE THAT THIS BEING REVE NUES APPEAL WHEREIN THE TAX EFFECT OF AMOUNT IN DISPUTE IS BELOW RS.10 LACS AND THE SAME IS COVERED BY LATEST CBDT CIRCULAR NUMBER 21 OF 2015 DATED 10/12/2015 . AS PER THE CIRCULAR, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT H AS BEEN ISSUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT MINIMUM OF RS. 10 LAKHS. IN THE SAID CIRCULAR, IT HAS BEEN SPECIFICALLY CLARIFIED THAT THE SAID INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APP EALS. THE LD. DR FAIRLY CONCEDED THE POSITION AND COULD NOT POINT OUT ANY EXCEPTIONS AS GIVEN IN THE CIRCULAR. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ARE DISMISSED IN LIMINE . 3. IN NUTSHELL, THE APPEAL OF THE REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND NOVEMBER , 201 6 SD/ - SD/ - ( C. N. PRASAD ) ( MANOJ KUMAR AGGARWAL ) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 22 .1 1 .201 6 LAXMIKANT DEKA, SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CO NCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 3 ITA NO. 1879/ MUM / 2015 M/S. MEHBOOB PRODUCT IONS P. LTD. ASSESSMENT YEAR 20 11 - 1 2 SR. NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATION SHEETS ARE ATTACHED SELF TYPED ON COMPUTER BY MEMBER SR.PS/PS 2 DRAFT DICTATED ON SR.PS/PS 3 DRAFT PLACED BEFORE AUTHOR SR.PS/PS 4 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 5 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 6 APPROVED DRAFT COMES TO THE SR.PS/PS 2 2.11.16 SR.PS/PS 7 ORDER PRONOUNCEMENT ON 22 .11.16 SR.PS/PS 8 FILE SENT TO THE BENCH CLERK 23.11.16 SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE AR 11 DATE OF DISPATCH OF ORDER