ITO 14(2)(4), MUMBAI V. ONE STOP SHOP INDIA P.LTD, MUMBAI

ITA 2779/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3116 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Next Hearing Date: 19-09-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 11-05-2015
• Court: TRIBUNAL
• Department Lawyers: R M MADHAVI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER I.T.A. NO.2779/M/2015 (ASSESSMENT YEAR: 2010 - 2011 ) THE ITO - 14(2)(4), 203, AAYAKAR BHAVAN, 2 ND FLOOR, M.K. MARG, MUMBAI 400 020. / VS. M/S. ONE STOP SHOP INDIA PVT LTD., 51, DECCAN COURT S.V. ROAD, BANDRA (W), MUMBAI 077. ./ PAN : AAACO4164C ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : MS. R.M. MADHAVI / RESPONDENT BY : SHRI DHAVAL SHAH / DATE OF HEARING : 19.09.2016 / DATE OF PRONOUNCEMENT : 19.09.2016 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE REVENUE ON 11.5.2015 IS AGA INST THE ORDER OF THE CIT (A) - 22, MUMBAI DATED 27.02.2015 FOR THE ASSESSMENT YEAR 2010 - 2011. 2. BEFORE US, LD COUNSEL FOR THE ASSESSEE MENTIONED THAT THE ONLY ISSUE INVOLVED IN THIS APPEAL RELATES TO THE PROTECTIVE ADDITION OF RS.31,79,160/ - . IN THIS REGARD, LD COUNSEL FOR THE ASSESSEE FILED WORKING AND DEMONSTRATED THAT TOTAL TAX EFFECT IN THIS CASE IS RS. 9, 82,360/ - . IT IS THE SUBMISSION OF THE LD COUNSEL THAT CONSIDERING THE LOW TAX EFFECT, THE CBDT CIRCULAR NO.21/2015 APPLIES TO THE APPEAL. 3. AFTER HEARING THE LD DR FOR THE REVENUE AND ON PERUSAL OF THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE RE LEVANT MATERIAL PLACED BEFORE US, WE FIND, THE TAX EFFECT IN THIS CASE IS BELO W RS. 10 LAKHS. THEREFORE, THIS CASE IS COVERED BY THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 WHICH IS RELEVANT FOR THE PROPOSITION THAT THE APPEALS FILED BY THE REVENUE WIT H A TAX EFFECT OF RS. 10 LAKHS AND BELOW ARE TO BE EITHER DISMISSED BY THE TRIBUNAL AS NOT MAINTAINABLE OR NOT PRESSED BY THE REVENUE. CONSIDERING THE SAME, THE PRESENT APPEAL FILED BY THE 2 REVENUE IS REQUIRED TO BE DISMISSED SINCE, THE SAME ARE NOT MAINTA INABLE. WE ORDER ACCORDINGLY. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH SEPTEMBER , 2016. SD/ - SD/ - ( RAVISH SOOD ) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 19 .09 .2016 . . ./ OKK , 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI