ITO 24(3)1, MUMBAI V. AMIT KANITLAL SHETH, MUMBAI

ITA 2165/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4099 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 18-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JEEVANLAL LAUDYA
• Assessee Lawyers: HITESH M SHAH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A, BENC H MUMBAI BEFORE SHRI SANJAY ARORA, AM & SHRI PAWAN SIN GH, JM ITA NO.2165/MUM/201 3 (ASSESSMENT YEAR : 200 5-06) ITO-24(3)(1), ROOM NO. 703, C- 11, 7 TH FLOOR, B.K.C. BANDRA(E), MUMBAI-400051. VS. MR. AMIT KANTILAL SHETH A-2/15, FLAT NO. 203, BUNIYAD, OPP. DINDOSHI BUS DEPOT, GOREGAON (W), MUMBAI-400063 PAN/G IR NO.: AMMPS5760K ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY : SHRI JEEVANLAL LAUDYA (DR) ASSESSEE BY : SHRI HITESH M. SHAH DATE OF HEARING : 18/04/2016 DATE OF PRONOUNCEMENT: 18/04/2016 O R D E R PER PAWAN SINGH, JM: THE ABOVE APPEAL IS FILED BY THE ASSESSING OFFICER (AO) RAISING TWO GROUNDS OF APPEAL FOR THE ASSESSMENT YEAR MENTIONED ABOVE. THE TAX EFFECT INVOLVED IN THE ABOVE REFERRED CASE IS BELOW THE MONETARY LIMIT (RS. 10,0 0,000/-) PRESCRIBED BY THE CENTRAL BOARD OF DIRECTOR TAXES(CBDT), VIDE ITS CIRCULAR NO .21/2015(F.NO.142/2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015. 2. JEEVANLAL LAUDYA APPEARED ON BEHALF OF THE ASSES SEE. THE DEPARTMENTAL REPRESENTATIVE (DR) ON A QUERY BY THE BENCH FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE ABOVE CASE WAS LESS THAN RS. 10.00 LACS. CONSIDERING THESE FACTS, WE DISMISS THE APPEAL HOLDING THEM AS NOT MAINTAINABLE U/S. 268A OF THE ACT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 18/04 /2016. SD/- SD/- (SANJAY ARORA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED : 18/04/2016 SK, PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI ITA NO.2165/M/13 2 / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY/