ITO 25(3)(1), MUMBAI V. NITINCHANDRA M JOBANPUTRA, MUMBAI

ITA 1893/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3457 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-05-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 08-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PREMAND J
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO. 1893/MUM/2013 (ASSESSMENT YEAR : 2008-09) THE INCOME TAX OFFIER-25(3)(1), ROOM NO.307, 3 RD FLOOR, BLDG. NO.C-11, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI 400051 ... APPELLANT VS. SHRI NITINCHANDRA M. JOBANPUTRA, 244, RASIK KUNJ, MATHURADAS ROAD, KANDIVALI (WEST), MUMBAI 400067 PAN: AACPJ 8909P .... RESPONDENT APPELLANT BY : SHRI PREMAND J. RESPONDENT BY : NONE DATE OF HEARING : 10/05/2016 DATE OF PRONOUNCEMENT : 18/05/2016 ORDER PER MAHAVIR SINGH, J.M: THIS APPEAL BY THE REVENUE IS ARISING OUT OF ORDER OF CIT(A)-35, MUMBAI IN APPEAL NO.CIT(A)-35/ITO25(3)(1)/ITA 297/1 0-11, ORDER DATED 20/12/2012. ASSESSMENT WAS FRAMED BY ITO, WA RD 25(3)(1), MUMBAI UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 ( HEREIN AFTER REFERRED TO AS THE ACT) FOR THE ASSESSMENT YEAR 2 008-09 VIDE HIS ORDER DATED 16/12/2010. 2 ITA NO. 1893/MUM/2013 (ASSESSMENT YEAR : 2008-09) 2. AT THE OUTSET, IT IS NOTICED THAT THE TOTAL QUAN TUM UNDER DISPUTE INVOLVED IN THIS REVENUES APPEAL AMOUNTS TO RS.17 ,86,289/-. THE TAX EFFECT ON THIS QUANTUM ADDITION AT THE MAXIMUM MARG INAL RATE OF TAX WOULD BE AT RS.5,35,886/-. ONCE THE LOW TAX EFFECT IS INVOLVED IN THE APPEAL, THE SAME IS COVERED VIDE CBDT CIRCULAR NO C IRCULAR NO.21/2015 DATED 10/12/2015. AS THE ISSUE IS COVERED BY CBDT CIRCULAR WHICH MANDATES THAT THE TAX EFFECT INVOLVING LESS THAN RS . 10.00 LACS IS NOT MAINTAINABLE BEFORE ITAT AND THIS CIRCULAR ALSO APP LIES TO PENDING APPEALS. HENCE, THIS BEING LOW TAX EFFECT CASE, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/05/ 20 16. SD/- SD/- (RAJESH KUMAR) (MAHAVIR SINGH) ACCOUNTNAT MEMBER JUDICIAL M EMBER MUMBAI, DATED 18/05/2016 VM , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI