DCIT 8(3)(2), MUMBAI V. YAMINI INTERIORS P.LTD, MUMBAI

ITA 2020/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1429 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 06-12-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 08-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , , , , BEFORE SHRI RAJENDRA, AM AND SHRI AMARJIT SINGH, JM / I.T.A. NO.2020/MUM/2015 ( / ASSESSMENT YEAR: 2011-12) DY. COMMISSIONER OF INCOME TAX 8(3)(2) ROOM NO.615, 6 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI - 400020 / VS. M/S. YAMINI INTERIORS PVT. LTD. 160, DINSHAW PETIT LANE, BEHIND DIGVIJAY MALL, KALACHOWKY, MUMBAI - 400033 ./ ./PAN/GIR NO. : AAACY1072D ( /APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 14.12.2016 /DATE OF PRONOUNCEMENT: 14.12.2016 / O R D E R PER AMARJIT SINGH, JM: THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST THE ORDER DATED 19.12.2014 PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS)- 14, MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]RELEVANT TO THE ASSESSMENT YEAR 2011-12. 2. AT THE TIME OF HEARING, IT WAS POINTED OUT BY THE PARTIES THAT THE TAX EFFECT INVOLVED IN THIS QUANTUM IN DISPUTE BY THE REVENUE IS LESS REVENUE BY: MS. ANUPAMA SINGLA ASSESSEE BY: SHRI PANKAJ JAIN ITA NO.2020/MUM/15 A.Y.2011-12 2 THAN RS.10 LAKHS. WE ALSO NOTICED FROM THE WORKING GIVEN BY THE ASSESSEE THAT THE AMOUNT IN DISPUTE IS RS.26,38,979/- FOR A.Y.2011-12 WHICH IS EXPENDITURE DISALLOWED BY THE ASSESSING OFFICER AND THE EFFECT THEREIN IS LESS THAN RS.10 LAKHS. HENCE IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DATED 10.12.2015 THE REVENUE IS BARRED FROM PURSUING THIS APPEAL. ACCORDINGLY, WE DISMISSED THIS APPEAL IN LIMINE. 3. IN RESULT ALL THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH DECEMBER , 2016. SD/- SD/- (RAJENDRA) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; DATED : 14 TH DECEMBER, 2016 MP / 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