DCIT 10(3), MUMBAI V. SOHAMS FOUNDATION ENGINEERING P.LTD, MUMBAI

ITA 1916/MUM/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8570 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2017
• Appeal Filed By: Department
• Bench Allotted: E
• Next Hearing Date: 04-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 08-03-2013
• Court: TRIBUNAL
• Department Lawyers: RADHA K NARANG
• Assessee Lawyers: B N RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH (JM) I.T.A. NO. 1916 /MUM/20 13 (ASSESSMENT YEAR 20 09 - 10 ) DCIT 10(3) 4 TH FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. VS. SOHAMS FOUNDATION ENGIN EERING PVT. LTD. E - 6, SHRADDHAMATA SOCIETY OPP. IIT POWAI MAIN GATE MUMBAI - 400 076. ( APPELLANT ) ( RESPONDENT ) PAN NO . AABCS1759G ASSESSEE BY SHRI B.N. RAO DEPARTMENT BY MS. RADHA K. NARANG DATE OF HEARING 1 . 2 . 201 7 DATE OF PRONOUNCEMENT 1 . 2 . 201 7 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 10.12.2017 PASSED BY THE LEARNED CIT(A) - 21, MUMBAI AND IT RELATES TO A.Y. 2009 - 10. 2. WE NOTICED THAT THE REVENUE IS CONTESTING RELIEF O F ` 20 LAKHS GRANTED BY THE LEARNED CIT(A) IN RESPECT OF DISALLOWANCE MADE OUT OF EXPENSES. HENCE, THE QUANTUM DISPUTE IS ` 20 LAKHS ONLY AND , ACCORDINGLY , TAX EFFECT WOULD WORK OUT TO LESS THAN ` 10 LAKHS. IN VIEW OF THE CIRCULAR NO. 21/2015 DATED 10.12 .2015 ISSUED BY CBDT, THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL. ACCORDINGLY, WE DISMISS THIS APPEAL IN LIMINE. 2 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 1 . 2 .201 7. SD/ SD/ - (PAWAN SIN GH ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 1 / 2 / 20 1 7 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) PS ITAT, MUMBAI