ITO 2(3)(2), MUMBAI V. SHAAN MARINE SERIVICES P.LTD, MUMBAI

ITA 2000/MUM/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8385 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 18-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 13-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B S BISTDR
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.2000/MUM/2013 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER - 2(3)(2), ROOM NO.581A, AAYAKAR BHAVAN, M.K. ROAD, NEW MARINE LINES, MUMBAI-400020 / VS. M/S SHAAN MARINE SERVICE PVT. LTD. 7, KUMATHA STREET, BALLARD ESTATE, MUMBAI-400038 ( ' / REVENUE) ( #$ % /ASSESSEE) P.A. NO. AAICS6661A #$ % / ASSESSEE BY SHRI B.S. BIST-DR ' / REVENUE BY SHRI FIROZ ANDHYARUJINA & ' ' % ( / DATE OF HEARING : 13/02/2017 ' % ( / DATE OF ORDER: 21/02/2017 M/S SHAAN MARINE SERVICE PVT. LTD. ITA NO.2000/MUM/2013 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DAT ED 22/01/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, ON THE GROUND STATED IN THE GROUNDS OF APPEAL. 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, S HRI FIROZ ANDHYARUJINA, LD. COUNSEL FOR THE ASSESSEE, C ONTENDED THAT IN THE PRESENT APPEAL, THE TOTAL TAX EFFECT IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH. THE LD. DR , SHRI B.S. BIST, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPE AL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH, THEREFORE, CBDT INS TRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142 / 2007-IT(PT) IS APPLICABLE, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N 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/ - M/S SHAAN MARINE SERVICE PVT. LTD. ITA NO.2000/MUM/2013 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 13/02/2017. SD/- SD/- ( N.K. PRADHAN ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & MUMBAI; * DATED : 21/02/2017 F{X~{T? P.S / +' %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. ,-./ / THE APPELLANT 2. 0./ / THE RESPONDENT. 3. 1 1 & 2% ( ,- ) / THE CIT, MUMBAI. 4. 1 1 & 2% / CIT(A)- , MUMBAI 5. 4'5 % , 1 ,-( , 6 , & / DR, ITAT, MUMBAI 6. 7# 8 / GUARD FILE. / BY ORDER, 04-% % //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & / ITAT, MUMBAI,