K. LAMINATES, MUMBAI V. ITO WD 4(2), THANE

ITA 2398/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2518 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-01-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 28-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI BEFORE SHRI JOGINDER SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 2398 /MUM/201 3 ASSESSMENT YEAR: 20 0 8 - 0 9 ITO, WD4(2), 6 TH FLOOR, A WING ASHAR IT PARK WAGLE INDL ESTATE RD NO 16Z, NEAR AMBIKA NAGAR THANE(W) - 400602 VS. MUKESH R. CHOTAI B/205, KRISHNA KUNJ, CHSLTD, OPP SUKANCHAN APARTMENT TANKI ROAD, NALLASOPARA (E) THANE - 401209 PAN NO. AFJPC4962K APPELLANT .. RESPONDENT DATE OF HEARING : 2 5 / 10 /2016 DATE OF PRONOUNCEMENT: 2 5 / 10 /2016 ORDER PER N.K.PRADHAN, AM: INSTANT APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 2 7 /0 1 /201 4 PASSED BY THE L D. COMMISSIONER (APPEALS) - II , THANE, FOR AY 200 8 - 0 9 . 2. THE TAX EFFECT AS PER THE ORDER OF THE LD. CIT(A) IS RS. 5, 23 , 020 / - . T HE LEARNED DR AGREED BEFORE US THAT THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 10,00,000/ - FIXED BY THE CBDT IN CIRCULAR NO. 21 OF 2015 DATED 10/12/2015 IN RELATION TO APPEAL BEFORE THE ITAT. TAKING INTO CONS IDERATION THE AFORESAID SUBMISSION AND ALSO FINDING DEPARTMENT BY MR. MOHAMMED RIZWAN ASSESSEE BY NONE ITA NO. 6218/MUM/2014 2 THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPECTIVELY, EVEN TO PENDING APPEALS, WE DISMISS THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE. 3. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PR ONOUNCED IN THE OPEN COURT ON 2 5 /10/2016 SD/ - SD/ (JOGINDER SINGH) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 2 5 /10/2016 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