ITO 30(3)(2), MUMBAI V. RUDOLF PETER DSA, MUMBAI

ITA 2700/MUM/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3028 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 08-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K BEPARI
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO.2700/MUM/2015, (A.Y. 2011-12) INCOME TAX OFFICER 30(3)(2), ROOM NO.601,6 TH FLOOR, C-13 PRATYAKSHAKAR BHAVAN, B.K.C, MUMBAI 400 020 ...... APPELLANT VS. MR.RUDOLF PETER DSA, A-403,1 ST FLOOR, VASTU PARK, EVERSHINE NAGAR, MALAD(W), MUMBAI 400 064 PAN: AALPD6989J ..... RESPONDENT APPELLANT BY : SHRI S.K.BEPARI RESPONDENT BY : SHRI AJIT SHAH DATE OF HEARING : 09/08/2018 DATE OF PRONOUNCEMENT : 09/08/2018 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEAL FILED BY THE REVENUE PERTA INING TO ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST AN OR DER PASSED BY CIT(A)- 41, MUMBAI DATED 26/02/2015, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143 (3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 30/01/2014 . 2. THE CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2 018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DE PARTMENT BEFORE THE 2 ITA NO.2700/MUM/2015, (A.Y. 2011-12) TRIBUNAL WITH RETROSPECTIVE EFFECT. AT THE TIME OF HEARING THE LD. DEPARTMENTAL REPRESENTATIVE HAS REFERRED TO A COMMU NICATION BY ITO, WARD 30(3)(2), MUMBAI DATED 01/08/2018 SEEKING WITH DRAWAL OF THE APPEAL AS THE TAX EFFECT IN THE IMPUGNED APPEAL IS BELOW THE LIMIT SPECIFIED IN CBDT CIRCULAR DATED 11/07/2018(SUPRA). 3. THUS, THE CAPTIONED APPEAL OF THE REVENUE IS DIS MISSED AS WITHDRAWN. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF HEARING ON 09/08/2018. SD/- SD/- (PAWAN SINGH ) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 09/08/2018 VM , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI 3 ITA NO.2700/MUM/2015, (A.Y. 2011-12) DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON /08/18 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR /08/18 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/A M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER