DCIT 29(1), MUMBAI V. GHANSHYAM GURSAHANI, MUMBAI

ITA 2561/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1370 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 05-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G NANTHAKUMAR
• Assessee Lawyers: M SUBRAMANIAN
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , , BEFORE SHRI C.N. PRASAD , JM AND SHRI RAJESH KUMAR , AM [ ITA NO. 2561 / MUM/ 20 1 5 ( / ASSESSMENT YEAR: 20 10 - 11 ) DY. COMMISSIONER OF INCOME TAX, 29(1), ROOM NO.108, 1 ST FLOOR - C - 10, PRATYAKSH KAR B HAVAN, BKC, BANDRA(E), MUMBAI - 400051 / VS. SHRI GHANSHYAM GURSAHANI, C - 602, SAGAR SWAPNA NAGRI, MULUND(W), MUMBAI - 400080 ./ ./ PAN : AABPG6912E ( / APPELLANT) : ( / RESPONDENT ) / APPELLANT BY : SHRI G NANTHA KUMAR /RESPONDENT BY : SHRI M SUBRAMANIAN / DATE OF HEARING : 2 8 .12.206 / DATE OF PRONOUNCEMENT : 28. 12. 2016 / O R D E R PER RAJESH KUMAR, A. M: THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 16.2.2015 , PASSED BY THE CIT(A) - 40 , MUMBAI, FOR THE ASSESSMENT YE AR 20 10 - 11 . 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFECT IN 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, 2 ITA NO. 2561 /MUM/201 5 DATED 10TH DECEMBER, 2015, ISSUED BY THE CBDT, THE 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, TH EREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. 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 DISMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28TH DEC,2016 SD SD ( C.N. PRASAD ) ( RAJESH KUMAR) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 28. 12. 201 6 SRL,SR.PS / 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./ASST T. REGISTRAR) , / ITAT, MUMBAI