DCIT 30(3), MUMBAI V. VINEET S AGRAWAL, MUMBAI

ITA 2701/MUM/2015

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8388 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 08-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T A KHAN SR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

P A G E | 1 ITA NO. 2701/MUM/2015 D CIT VS. SHRI VINEET S. AGRAWAL IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI G.S.PANNU , AM AND SHRI RAVISH SOOD, JM ./ I.T.A. NO. 2701/MUM/2015 ( / ASSESSMENT YEAR: 2011 - 12 ) DCIT - 30(3), R. NO. 601 C - 13, 6 TH FLOOR, B.K.C. BANDRA (E), MUMBAI - 51 / VS. SHRI VINEET S. AGRAWAL , A - 201, RUSTOMJI ELANZA , BEHIND INORBIT MALL, OFF LINK ROAD, MALAD (W) MUMBAI - 400 064 ./ ./ PAN/GIR NO. ADUPA0440R ( / REVENUE ) : ( / ASSESSEE) / REVENUE BY : SHRI T.A. KHAN, SR. A .R / ASSESSEE BY : NONE / DATE OF HEARING : 23 /11 /2017 / DATE OF PRONOUNCEMENT : 23 / 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 11 - 12 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 41 , MUMBAI , DATED 25.02 . 201 7 , WHICH IN ITSELF ARISES FROM THE P A G E | 2 ITA NO. 2701/MUM/2015 D CIT VS. SHRI VINEET S. AGRAWAL ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 19 61 (IN SHORT THE ACT), DATED 19.02 .2014 . 2. THAT AT THE VERY OUTSET OF THE HEARING OF THE APPEAL IT WAS SUBMITTED BY THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D .R. ) THAT TAX E FFECT INVOLVED IN THIS APPEAL WAS LESS THAN RS.10.00 LACS. 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 CIRCULAR , DATED 10.12. 2015 (SUPRA), THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 . 11 . 2017 SD/ - SD/ - ( G.S. PANNU ) ( RAVISH SOOD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI , DATED 23 . 11 . 2017 P A G E | 3 ITA NO. 2701/MUM/2015 D CIT VS. SHRI VINEET S. AGRAWAL / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 41 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI