ITO - 21(3)(3), MUMBAI V. M/S LEO CONSTRUCTION, MUMBAI

ITA 2657/MUM/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4186 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 04-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-04-2013
• Court: TRIBUNAL
• Department Lawyers: G N MAKWANA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI .. , , , BEFORE, SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI JOGINDER SINGH, JUDICIAL MEMBER ITA NO.2657/MUM/2013 ASSESSMENT YEAR:2009-10 INCOME TAX OFFICER-21(3)(3) ROOM NO.507, C-11, 5 TH FLOOR, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400051 / VS. M/S LEO CONSTRUCTION, 1, LINY LAND, LEO HILL ROAD, IIT POWAI, MUMBAI-400076 ( ! / REVENUE) ( '#$% /ASSESSEE) PAN. NO. AAAFL2427N ! / REVENUE BY SHRI G.N. MAKWANA '#$% / ASSESSEE BY NONE & !'(%) / DATE OF HEARING : 04/02/2016 (%) / DATE OF ORDER: 04/02/2016 ITA NO.2657/MUM/2012 LEO CONSTRUCTION 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 16/01/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. 2. DURING HEARING OF THIS APPEAL, NOBODY WAS PRES ENT ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT WAS B ROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THE APPEAL IS BEL OW PRESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROV ERTED BY THE LD. DR, SHRI G.N. MAKWANA. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOTED THAT IN THIS CASE, THE TAX EFFECT IS BELOW PRESCRIBED LI MIT OF RS.10 LAKH, THEREFORE, IN VIEW OF, CBDT INSTRUCTION NO.2 1 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), W ITH RETROSPECTIVE EFFECT, WHEREIN, THE BOARD HAS ADVISE D/DIRECTED THE DEPARTMENT NOT TO FILE APPEAL IN THE CASES WHER E THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT .:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS. ) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.2657/MUM/2012 LEO CONSTRUCTION 3 CONSIDERING THE AFORESAID INSTRUCTION AND THE FACTU AL MATRIX THAT THE TAX EFFECT IS LESS THAN RS.10,00,00 0/- AND UNCONTROVERTED ADMISSION OF THE LD. DR, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN TH E PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 04/02/2016. SD/- SD/- ( G.S. PANNU ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; + DATED : 04/02/2016 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. , -. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. 11 & 2% ( , ) / THE CIT, MUMBAI. 4. 11 & 2% / CIT(A)- , MUMBAI 5. 4!5/%' , 1, ),'6 , & ' / DR, ITAT, MUMBAI 6. 7#8' / GUARD FILE. / BY ORDER, 04%/% //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI