ITO 21(2)(5), MUMBAI V. PURANDAR TALUKA NAGARI SAHAKAI PATPEDI MARYADIT, MUMBAI

ITA 2461/MUM/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0411 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2017
• Appeal Filed By: Department
• Bench Allotted: SMC
• Next Hearing Date: 08-06-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 06-04-2017
• Court: TRIBUNAL
• Assessee Lawyers: PRAKASH G JHUNHUNWALA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) I.T.A. NO. 2461 /MUM/2017 (ASSESSMENT YEAR 20 12 - 13 ) ITO - 21(2)(5) ROOM NO. 107 1 ST FLOOR PIRAMAL CHAMBERS PAREL MUMBAI - 400 012. VS. M/S. PURANDAR TALUKA NAGARI S AHAKARI PATPEDI MARYADIT 01, 405 MATRUKRIPA B.P.MARG, GOKHALE ROAD DADAR, MUMBAI - 400 028. ( APPELLANT ) ( RESPONDENT ) PAN NO . AABAP3583B ASSESSEE BY SHRI PRAKASH G. JHUNHUNWALA DEPARTMENT BY SHRI RAKESH RANJAN DATE OF HEARING 8 . 6 . 201 7 DATE OF PRONOUNCEMENT 8 . 6 . 201 7 O R D E R PER B.R. BASKARAN(AM) : - T HE APPEAL FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDER DATED 13.1. 201 7 PASSED BY LEARNED CIT(A) - 33 , MUMBAI AND IT RELATE S TO A.Y S . 20 12 - 13 . 2. AT THE OUTSET, LD. AR OF THE ASSESSEE CONTEN DED THAT THE TAX EFFECT IN THIS APPEAL OF THE REVENUE ARE BELOW RS.1 0 LAKHS, THEREFORE, THE SAME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER, 2015. 3. LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT DISPUTE THE FACTUAL ASPECT PRESENTED BY LEARNED AR. 4. HAVING HEARD THE RIVAL SUBMISSIONS AND ALSO TAKING INTO CONSIDERATION THE CIRCULAR OF CBDT REFERR ED ABOVE, I DISMISS THE APPEAL FILED BY THE REVENUE IN LIMINE. M/S. PURANDAR TALUKA NAGARI SAHAKARI PATPEDI MARYADIT 2 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 8 .6 .2017. SD/ - (B.R.BASKARAN ) ACCOUNTANT MEMBER MUMBAI ; DATED : 7 / 6 / 20 1 7 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 PS