ASST CIT 11(1)(1), MUMBAI V. RONDO METAL SYSTEM P.LTD, RAIGAD

ITA 2096/MUM/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4496 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 29-12-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 10-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K DHONDIAL J
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.2096/MUM/2015 ASSESSMENT YEAR: 2010-11 ACIT-11(1)(1), ROOM NO.260C, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 / VS. M/S RONDO METAL SYSTEM PVT. LTD. PLOT NO.J.21, MIDC, TALOJA, TAL. PANVEL, NAVI MUMBAI, RAIGAD, MAHARASHTRA-410208 / REVENUE / ASSESSEE P.A. NO. AAEC R4324H $ % & / REVENUE BY SHRI A.K.DHONDIAL JCIT-DR $ % & / ASSESSEE BY SHRI DARSHAN GANDHI / DATE OF HEARING 05/01/2016 & / DATE OF ORDER: 05/01/2016 & / O R D E R THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DAT ED 17/12/2014 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. 2. AT THE OUTSET, IT WAS POINTED OUT BY THE LD. CO UNSEL FOR THE ASSESSEE, SHRI DARSHAN GANDHI, THAT THE TAX EFFECT IN ITA NO.2096/MUM/2015 M/S RONDO METAL SYSTEMS PVT. LTD. 2 THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIM IT. THIS FACTUAL MATRIX WAS CONSENTED TO BE CORRECT BY THE L D. DR, SHRI A.K. DHONDIAL. 2.1. I HAVE CONSIDERED THE SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. I NOTE THAT THE T AX EFFECT IN THE PRESENT APPEAL IS BELOW THE PRESCRIBED MONETARY LIMIT OF RS.10 LAKH. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTAINED IN CBDT INSTRUCTION NO.3/2011 DATED 09/02/2011, FURTHER INSTRUCTION NO.5/2014 (F NO.279/MISC./142/2007-IT(PT) DATED 10/07/2014, THE CBDT REVISED THE MONETARY LIMIT FOR FILING THE APPEAL BE FORE VARIOUS AUTHORITIES/COURTS VIDE CBDT CIRCULAR NO.21 OF 2015 , DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EFFECT AND ADVISED/DIRECTED THE DEPAR TMENT NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DO ES 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. BE FORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.2096/MUM/2015 M/S RONDO METAL SYSTEMS PVT. LTD. 3 AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY L IMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRI BUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/- , CONSEQUENTLY, THIS APPEAL OF THE REVENUE IS NOT MAI NTAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR WITH RESPECT TO PRESCRIBED MONETARY LIMIT AND THE AFOREMENTIONED CIRCULAR OF CBDT, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN T HE PRESENCE OF LD. REPRESENTATIVE OF BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 05/01/2016. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 05/01/2016 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * ( '#$ ) / THE CIT, MUMBAI. 4. ) ) * / CIT(A)- , MUMBAI 5. -./ ' , ) '#$ ' 1 , / DR, ITAT, MUMBAI 6. /2 3$ / GUARD FILE. & / BY ORDER, (-# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI