ITO 21(1)(1), MUMBAI V. ALKA P.AGARWAL, MUMBAI

ITA 2477/MUM/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0416 (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: 2007-2008
• Appeal Filed On: 06-04-2017
• Court: TRIBUNAL
• Assessee Lawyers: D C JAIN
• Keywords: Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) I.T.A. NO. 2477 /MUM/ 201 7 (ASSESSMENT YEAR 20 07 - 08 ) I.T.A. NO. 2478/MUM/2017 (ASSESSMENT YEAR 2008 - 09) ITO - 21(1)(1) ROOM NO. 103.1 ST FLOOR PIRAMAL CHAMBERS PAREL, M UMBAI - 400 012. VS. SMT. ALKA P. AGARWAL LOKHANDWALA RESIDENCY MANJREKAR LANE DR.E. MOSES ROAD, WORLI MUMBAI - 400 018. ( APPELLANT ) ( RESPONDENT ) PAN NO . AAIPA1645F ASSESSEE BY SHRI D.C. JAIN DEPARTMENT BY SHRI RAKESH RANJAN DATE OF HEARING 8 . 6 . 201 7 DATE OF PRONOUNCEMENT 8 .6 . 201 7 O R D E R BOTH THE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDER DATED 10.1.2017 PASSED BY LEARNED CIT(A) - 33, MUMBAI AND THEY RELATE TO A.YS. 2007 - 08 & 2008 - 09. 2. AT THE OUTSET, LD. AR OF THE ASSESSEE CONTENDED THAT THE TAX EFFECT IN THESE APPEALS OF THE REVENUE ARE BELOW RS.10 LAKHS, THEREFORE, THE SAME ARE 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 REFERRED ABOVE, I DISMISS THE APPEALS FILED BY THE REVENUE IN LIMINE. SMT. ALKA P. AGARWAL 2 5. IN THE RESULT, BOTH APPEALS FILED BY TH E REVENUE ARE DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 8 .6 . 201 7. SD/ - (B.R.BASKARAN) ACCOUNTANT MEMBER MUMBAI ; DATED : 8 / 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) PS ITAT, MUMBAI