ACIT CC 38, MUMBAI V. ZEENAT PARAG SANGHAVI, MUMBAI

ITA 2407/MUM/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4582 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 14-01-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 28-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI BEFORE SHRI JASON P. BOAZ (AM) AND SHRI RAM LAL NEG I (JM) ITA NO. 2407 /MUM/2013 ASSESSMENT YEAR: 2009-2010 THE A CIT , CENT. CIR. - 38, ROOM NO. 32(1), GROUND FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI- 400020. VS. SMT. ZEENAT PARAG SANGHAVI . 2203, WINDSOR TOWER, SHASTRI NAGAR, ANDHERI(W), MUMBAI- 400058. PAN : AVMPS7416H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. NITIN WAGHMODE RESPONDENT BY : SHRI. J.P. BAIRAGRA DATE OF HEARING: 14/01/2016 DATE OF PRONOUNCEMENT: 14/01/2016 O R D E R PER JASON P. BOAZ, AM THE AFORESAID APPEAL HAS BEEN FILED BY THE REV ENUE AGAINST THE IMPUGNED ORDER DATED 08/01/2013 PASSED BY THE CIT( A)-41, MUMBAI IN RESPECT OF THE ORDER OF ASSESSMENT ORDER PASSED U/S 143(3) FOR THE ASSESSMENT YEAR 1999-2000, ON THE FOLLOWING GROUNDS :- 1) 'WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW, THE LD.CIT(A)WAS JUSTIFIED IN DELETING THE ADDITION OF RS.24,07,346/-, WHEN NEITHER THE ASSESSEE NOR TH E LOANEE PERSON PRODUCE THE EVIDENCE IN SUPPORT OF OLD UNSEC URED LOAN SHOWN IN BALANCE SHEET OF THE ASSESSEE, BEFORE THE AO DURING THE COURSE OF ASSESSMENT PROCEEDINGS. 2 ITA NO. 2407 /MUM/2013 ASSESSMENT YEAR: 2009-2010 2) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) WAS JUSTIFIED IN DELETIN G THE ADDITION WITHOUT CONSIDERING THE FACTS OF THE CASE. 2. AT THE OUTSET, IT IS NOTICED THAT, THE DISPUTE D ISSUE IS ONLY FOR RS. 24,07,346/- AND THE TAX EFFECT ON THIS AMOUNT I S MUCH BELOW THE SPECIFIED MONETARY LIMIT OF RS. 10 LAKHS. AS PE R THE LATEST CBDT CIRCULAR NO. 21 OF 2015, DATED 10 TH DECEMBER, 2015, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT HAS BEEN ISSUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT RS. 10 LAKHS. IN TH E SAID CIRCULAR, IT HAS BEEN SPECIFICALLY CLARIFIED THAT THE SAID IN STRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS. ACCORDI NGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DIS MISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH JANUARY, 2016 SD/- SD/- ( RAM LAL NEGI ) (JASON P.BOAZ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 14/01/2016 3 ITA NO. 2407 /MUM/2013 ASSESSMENT YEAR: 2009-2010 / 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 PRAMILA