ITO 17(3)(5), MUMBAI V. ZAHEED JAFFER MIYA, MUMBAI

ITA 2351/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8355 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 29-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G NANTHAKUMAR
• Keywords: Tax effect
• Section: 144

Judgement Text

1 ITA NO. 2351/MUM/2016 (ASSESSMENT YEAR 2009 - 10) IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI BEFORE SHRI B. R. BASKARAN , ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 2351/MUM/2016 (ASSESSMENT YEAR 2009 - 10) INCOME TAX OFFICER - 17(3)(5) ROOM NO. 137, 1 ST FLOOR AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 APPELLANT VS. ZAHEED JAFFER MIYA 27/29,SUPARIWALA BUILDING, I.M MERCHANT ROAD, 1 ST FLOOR, ROOM NO.7, MUMBAI - 400009 RESPONDENT PAN: AJMPM5816F APPELLANT BY : SHRI G. NANTHA KUMAR RESPONDENT BY : SHRI PR AKASH G. JHUNJHUNWALA DATE OF HEARING : 30/01/2016 DATE OF PRONOUNCEMENT : 24/02/2017 ORDER PER RAVISH SOOD, J.M: THE CAPTION ED APPEAL FILED BY THE REVENUE PERTAINING TO ASSESSMENT YEAR 2009 - 10 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 28, MUMBAI, DATED26/02/2016, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING 2 ITA NO. 2351/MUM/2016 (ASSESSMENT YEAR 2009 - 10) OFFICER UNDER SEC. 144 OF THE INCOME TAX ACT, 1961 (IN SHORT ACT), DATED. 26.12.2011. 2. AT THE VERY OUTSET OF THE HEARING OF THE APPEAL, IT WAS SUBMITTED BY THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R. ) THAT AS THE TAX EFFECT INVOLVED IN THIS APPEAL WAS LESS THAN RS.10.00 LAC, THEREFORE THE APPEAL WAS NOT MAINTAINABLE. THE LD. D.R. IN SUPP ORT OF HIS AFORESAID CONTENTION HAD PLACED ON RECORD A CALCULATION OF THE TAX EFFECT, AS PER WHICH THE TOTAL TAX INVOLVED IN THE APPEAL FILED BY THE REVENUE BEFORE THE TRIBUNAL WAS RS.9,90,540/ - , IN THE BACKDROP OF WHICH FACTUAL POSITION IT WAS SU BMITTED THAT AS THE TAX EFFECT INVOLVED IN THE APPEAL WA S LESS THAN THE MONETARY LIMIT OF RS.10 LAC, THEREFORE THE SAID APPEAL IN LIGHT OF THE CBDT CIRCULAR NO. 21/2015, DATED 10/12/2015 MAY THEREIN BE DISMISSED. 3. WE HAVE PERUSED THE CONT ENTION OF THE L D . D.R. AND THE MATERIAL PLACED ON RECORD BY HIM. THE CBDT VIDE ITS AFORESAID CIRCULAR NO.21/2015 , DATED 10/12/2015 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, RETROSP ECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS.10.00 LAC SPECIFIED IN THE CBDT CIRCULAR, DATED 10/12/2015 (SUPRA), THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 24/02/2017 SD/ - SD/ - (B.R BASKARAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 24/02/ 2017 3 ITA NO. 2351/MUM/2016 (ASSESSMENT YEAR 2009 - 10) 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