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

ITA 252/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8464 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 15-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJA SWAROOP
• Assessee Lawyers: JITENDRA SINGH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

P A G E | 1 ITA NO. 252/MUM/2016 D CIT VS. M/S . VISION IT EDUCATION IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI B.R.BASKARAN , AM AND SHRI RAVISH SOOD, JM ./ I.T.A. NO. 252/MUM/2016 ( / ASSESSMENT YEAR: 2012 - 13 ) THE DCIT - 2(3)(1), ROOM NO. 552 , AAYAKAR BHAVAN, M.K. ROAD NEW MARINE LINES , MUMBAI - 400 020 / VS. M/S VISION IT EDUCATION INDIA PVT. LTD. 1 ST FLOOR, DUBASH HOUSE, 15 JN HEREDIA MARG, BALLARD ESTATE MUMBAI 400 001 ./ ./ PAN/GIR NO. AAACV7948K ( / REVENUE ) : ( / ASSESSEE) / REVENUE BY : MS. POOJ A SWAROOP , D.R / ASSESSEE BY : SHRI JITENDRA SINGH, A.R / DATE OF HEARING : 31 /10 /2017 / DATE OF PRONOUNCEMENT : 08 / 11 /2017 / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER T HE CAPTIONED APPEAL FILED BY THE REVENUE PERTAINING TO ASSESSMENT YEAR 20 12 - 13 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 6 , MUMBAI , DATED 30.10 . 201 5 , WHICH IN ITSELF ARISES FROM THE P A G E | 2 ITA NO. 252/MUM/2016 D CIT VS. M/S . VISION IT EDUCATION ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 19 61 (IN SHORT THE ACT), DATED 14.11.2014 . 2. THAT AT THE VERY OUTSET OF THE HEARING OF THE APPEAL IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A .R. ) THAT TAX E FFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. THE LD. A.R PLACED ON RECORD THE CALCULATION OF THE TAX EFFECT INVO LVED IN THE PRESENT APPEAL, WHICH AS PER HIM WAS WORKED OUT AT RS.9,34,388/ - . PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) COULD REBUT THE AFORESAID CONTENTION OF THE LD. A.R. 3. THE CBDT VIDE ITS CIRCULAR NO. 21. 2015 , DATED 10.12. 2015 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL , RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS.10.00 LAC SPECIFIED IN THE CBDT CIRCU LAR , DATED 10.12. 2015 (SUPRA), THE SAME IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 . 11 . 2017 SD/ - SD/ - ( B.R. BASKARAN ) ( RAVISH SOOD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI , DATED 08 . 11 . 2017 P A G E | 3 ITA NO. 252/MUM/2016 D CIT VS. M/S . VISION IT EDUCATION COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A) - 52 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI