DDIT (E)-1(1), MUMBAI V. MAHARASHTRA JEEVAN PRADHIKARAN, MUMBAI

ITA 2676/MUM/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3222 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-05-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 20-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G N MAKNANA
• Assessee Lawyers: JAGDEESH DHONGDE
• Keywords: Maximum Marginal Rate; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER & SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.2676/MUM/2012 ASSESSMENT YEAR : 2008-09 DDIT (E) - 1(1), MUMBAI VS. MAHARASHTRA JEEVAN PRADHIKARAN, 4 TH FLOOR, EXPRESS TOWER, NARIMAN POINT, MUMBAI- 400 021 PAN AAATM1035F (APPELLANT) RESPONDENT) APPELLANT BY : SHRI G N MAKNANA RESPONDENT BY : SHRI JAGDEESH DHONGDE DATE OF HEARING : 23 .0 5 .201 6 DATE OF PRONOUNCEMENT : 27 .0 5 . 201 6 O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER THIS APPEAL BY REVENUE IS ARISING OUT OF THE ORDER OF THE CIT(A) 1, MUMBAI, IN APPEAL NO.CIT(A)-I/IT/E-1(233)/10-11 DATED 13.02 .2012. THE ASSESSMENT WAS FRAMED BY THE DY.DIT(E)-I(1), MUMBAI, FOR A.Y. 2008 -09 VIDE HIS ORDER DATED 28.12.2010 U/S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 2. AT THE OUTSET, IT IS NOTICED THAT THE TOTAL QUAN TUM UNDER DISPUTE INVOLVED IN THIS REVENUES APPEAL AMOUNTS TO RS.17,52,540/-. T HE TAX EFFECT ON THIS QUANTUM ADDITION AT THE MAXIMUM MARGINAL RATE OF TAX WOULD BE AT RS.5,25,771/-. SINCE THE TAX EFFECT IS INVOLVED IN THE APPEAL IS LOW, THE SA ME IS COVERED VIDE CBDT CIRCULAR ITA NO.2676/MUM/2012 MAHARASHTRA JEEVAN PRADHIKARAN 2 NO CIRCULAR NO.21/2015 DATED 10/12/2015. AS THE ISS UE IS COVERED BY CBDT CIRCULAR, WHICH MANDATES THAT THE TAX EFFECT INVOLVING LESS T HAN RS. 10.00 LACS IS NOT MAINTAINABLE BEFORE ITAT AND THIS CIRCULAR ALSO APP LIES TO PENDING APPEALS, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 27 TH MAY 2016. SD/- SD/- (RAJESH KUMAR) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED : 27 TH MAY, 2016. SA COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE C I T(A), MUMBAI. 4. THE C I T 5. THE DR, B BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, MUMBAI