DCIT 2(3)(1), MUMBAI V. VISION IT EDUCATION INDIA P.LTD, MUMBAI

ITA 251/MUM/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1937 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 15-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHIVAJI GHODE
• Assessee Lawyers: N EJA P ARANJAPE
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ./ I .T.A. NO. 251 /MUM/201 6 ( / ASSESSMENT YEAR : 20 09 - 11 ) DY. C OMMISSIONER OF INCOME TAX 2(3)(1), R. NO. 552, 5 TH FLOOR, AAYAKAR BHAVAN, M K ROAD, MUMBAI - 400020 / VS. M/S VISION IT EDUCATION INDIA PVT.LTD., 1 ST FLOOR, DUBHASH HOUSE, 15 JN HEREDIA MARG, BALLARD ESTA T E, MUMBAI - 400001 ./ PAN : AAA CV7948K / REVENUE BY SHRI SHIVAJI GHODE / ASSESSEE BY SHRI N EJA P ARANJAPE / DATE OF HEARING : 8 .11. 2016 / DATE OF PRONOUNCEMENT : 8 .11. 2 016 / O R D E R PER RAJESH KUMAR , A M THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 30.10.2015 , PASSED BY THE CIT(A) - 6 , MUMBAI, FOR THE ASSESSMENT YEAR 20 09 - 10 . 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFECT I N THE APPEAL OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SAME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015, ISSUED 2 ITA NO. 251 / MUM/ 201 6 BY THE CBDT, TH E MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF 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 LIM INE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 3. 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 DI SMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 8 .11. 2016. SD SD ( MAHAVIR SINGH ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 8 .11 . 2016 SR.PS:SRL: / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, TRUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI