DCIT 10(3), MUMBAI V. ALKYL AMINES CHEMICALS LTD, NAVI MUMBAI

ITA 2419/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3547 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 10-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P MEENA
• Assessee Lawyers: DIVYESH SHAHAR
• Keywords: Tax effect

Judgement Text

2/- IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUM BAI , BEFORE SHRI RAJENDRA, A.M. AND SHRI RAMLAL NEGI, J. M. ./I.T.A. NO.2419/MUM/2014 , / ASSESSMENT YEAR: 2010-11 DCIT-10(3) ROOM NO.451, 4 TH FLOOR, AAYAKAR BHAVAN, MK ROAD MUMBAI-400 020. VS. M/S. ALKYL AMINES CHEMICALS LIMITED 401-407, NARIMAN VYAPER KENDRA, PLOT NO.10, SECTOR-17, VASHI NAVI MUMBAI-400 703. PAN:AAACA 6783 F ( /APPELLANT ) ( / RESPONDENT ) ./I.T.A.NO. 2425/MUM/2014 / ASSESSMENT YEAR: 2010-11 M/S. ALKYL AMINES CHEMICALS LIMITED MUMBAI. VS. DCIT-10(3) MUMBAI-20. ( /APPELLANT ) ( / RESPONDENT ) RE VENUE BY: SHRI O.P. MEENA- DR ASS ESSEE BY: SHRI DIVYESH SHAH-AR / DATE OF HEARING: 17.08.2016 / DATE OF PRONOUNCEMENT: 17.08.2016 ,1961 254(1) ORDER U/S.254(1)OF THE INCOME-TAX ACT,1961(ACT) PER RAJENDRA,A.M. - THE ABOVE CROSS-APPEAL WAS FILED BY THE ASSESSING O FFICER(AO)AND THE ASSESSEE- COMPANY CHALLENGING THE ORDER,DTD.09.01.2014,OF THE CIT(A)-22,MUMBAI. 2. DURING THE COURSE OF HEARING BEFORE US,THE AUTHORIS ED REPRESENTATIVE(AR)STATED THAT THE ASSESSEE WAS NOT INTERESTED IN PURSUING TH E APPEAL AND WANTS TO WITHDRAW IT.THE DEPARTMENTAL REPRESENTATIVE(DR)STATED THAT H E HAD NO OBJECTION,IF WITHDRAWAL WAS ALLOWED. CONSIDERING THE ABOVE,APPEAL FILED BY THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. 3 .IT WAS NOTICED THAT TAX EFFECT INVOLVED IN THE CAS E UNDER CONSIDERATION WAS BELOW THE MONETARY LIMIT,(RS.10,00,000/-),PRESCRIBED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), VIDE ITS CIRCULAR NO. 21/2015(F.NO.27 9/MISC. 142/2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015. ITA NOS.2419-2425/M/14ALKYL AMINES 2 4. DURING THE COURSE OF HEARING BEFORE US,THE DEPARTME NTAL REPRESENTATIVE (DR)FAIRLY CONCEDED THAT THE TAX INVOLVED IN THE AP PEAL WAS LESS THAN RS.10.00 LACS.CONSIDERING THESE FACTS,WE DISMISS THE APPEAL HOLDING IT AS NOT MAINTAINABLE. AS A RESULT,CROSS-APPEALS FILED BY THE ASSE SSEE AND THE AO STANDS DISMISSED. ORDER PRONOUNCED IN THE OP EN COURT ON 17 TH AUGUST, 2016. SD/- SD/- ( / RAMLAL NEGI) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 17.08.2016. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR G BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.