ASST CIT 14(2), MUMBAI V. BRIJMOHAN PURSHOTTAMDAS, MUMBAI

ITA 1940/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2238 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 21-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEIL PHILIPH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B , MUMBAI , , , BEFORE SHRI JOGINDER SINGH, J UDICIAL M EMBER , A ND SHRI RAM IT KOCHAR , A CCOUNTANT M EMBER ITA NO . 1939 & 1940 /MUM/20 14 ASSESSMENT YEAR: 2002 - 03 & 200 5 - 06 ITO - 14(2)(4), 303, 3 RD FLOOR, EARNEST HOUSE, NCPA MARG, MUMBAI - 02 / VS. M/S. BRIJMOHAN PURUSHOTTAMDAS , KAKAD MARKET, 4 TH FLOOR, 306, KALBADEVI ROAD, MUMBAI 02 ( / REVENUE) ( /ASSESSEE) P.A. NO. AAAFB 6136 C / REVENUE BY SHRI NEIL PHILIPH - DR / ASSESSEE BY NONE . / DATE OF HEARING : 0 3 /1 1 /201 6 / DATE OF ORDER : 03 /1 1 /2016 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 12 / 12 /201 3 OF THE LD. FIRST APPELLATE AUTHORITY, MUMBAI . M/S. BRIJMOHAN PURUSHOTTAMDAS ITA NO S . 1939 & 1940 /MUM/2014 2 2. AT THE OUTSET IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT INVOLVE D IN THE PRESENT APPEAL S IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI NEIL PHILIPH , DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE SUBMISSION OF LD. DR AND PERUSED THE M ATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPEAL S IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007 - IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.: - 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/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EFFECT IS LESS THAN RS.10,00,000/ - , CONSEQ UENTLY, THE APPEAL S OF THE REVENUE ARE NOT MAINTAINABLE, THEREFORE, DISMISSED. M/S. BRIJMOHAN PURUSHOTTAMDAS ITA NO S . 1939 & 1940 /MUM/2014 3 FINALLY, THE APPEAL S OF THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. T HIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT T H E CONCLUSION OF THE HEARING O N 0 3 /1 1 /2016 . S D/ - SD/ - ( RAMIT KOCHAR ) (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 03 / 1 1 /201 6 VR/ - . . / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A) - , MUMBAI 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBA I,