ASST CIT 18(3), MUMBAI V. SULESHWARI TRUST, MUMBAI

ITA 249/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8699 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2017
• Appeal Filed By: Department
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 09-01-2015
• Court: TRIBUNAL
• Department Lawyers: ASGAR ZAIN V P
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I , MUMBAI BEFORE SHRI CN PRASAD, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER ITA NO. 249 /MUM/201 5 : (A.Y : 20 1 0 - 1 1 ) THE ASST CIT 18(3) 6 TH FLOOR, EARNEST HOUSE, NARIMAN POINT MUMBAI 400 021 (APPELLANT) VS. M/S SULESHWARI TRUST 228, PRAGATI INDUSTRIAL ESTATE N.M. JOSHI MARG LOWER PAREL MUMBAI 400 0 11 PAN : AA BAS7995Q (RESPONDENT) APPELLANT BY : S HRI ASGARZAIN V.P. RESPONDENT BY : NONE DATE OF HEARING : 30 / 01 /201 7 DATE OF PRONOUNCEMENT : 30 / 01 /201 7 O R D E R PER CN PRASAD , J M : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 07 . 11 .201 4 , PASSED BY THE LD. CIT (APPEALS) - 25 , MUMBAI, FOR THE ASSESSMENT YEAR 20 1 0 - 1 1 . 2. AT THE OUTSET, THE LD DR ADMITTED THAT THE TAX EFFECT IN THE APPEAL OF THE REVENUE IS BELOW RS. 10 LAKHS AND TH EREFORE, THE SAME IS NOT MAINTAINABLE AS PER THE CBD T CIRCULAR NO. 21/2015 D ATED 10.12. 2015 . NONE APPEARED ON BEHALF OF THE ASSESSEE. 3. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015 DATED 10.12.2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR M/S SULESHWARI TRUST ITA NO. 249 /MUM/2015 FILING APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT AT RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. IT IS FURTHER CLARIFIED IN T HIS CIRCULAR THAT IT IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 4 . CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 5 . IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 30 . 0 1.201 7 . SD/ - SD/ - RAMIT KOCHAR C.N.PRASAD / / ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE : 30 TH JANUARY , 201 7 LR, SPS COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, I BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI