ACIT 25(2), MUMBAI V. KETAN NAVNITLAL SHAH, MUMBAI

ITA 2807/MUM/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4032 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 02-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 10-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G N MAKWANA
• Keywords: 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.2807/MUM/2013 ASSESSMENT YEAR: 2008-09 ACIT-25(2) C-11, PRATYAKSHAKAR BHAVAN, R. NO.108, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400051 / VS. SHRI KETAN NAVNITLAL SHAH, A-901, MAHAVIDESH BUILDING CHANDVARKAR LANE, BORIVALI (W), MUMBAI-400092 ( ! / REVENUE) ( '#$% /ASSESSEE) PAN. NO. AAOPS5125J ! / REVENUE BY SHRI G.N. MAKWANA '#$% / ASSESSEE BY NONE & !'(%) / DATE OF HEARING : 02/02/2016 (%) / DATE OF ORDER: 02/02/2016 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER D ATED 18/01/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. ITA NO.2807/MUM/2013 SHRI KETAN NAVNITLAL SHAH 2 2. DURING HEARING OF THIS APPEAL, NOBODY WAS PRES ENT ON BEHALF OF THE ASSESSEE. THE REGISTERED AD NOTICE SENT TO THE ASSESSEE WAS RETURNED UN-SERVED BY THE POSTAL AUTHORITIES WITH THE REMARK LEFT, THEREFORE, THE APPEAL CANNOT BE KEPT PENDING INDEFINITELY, CONSEQUENTLY, WE HAVE NO OPTION TO PROCEED EX-PARTE, QUA THE ASSESSEE. A T THE OUTSET, IT WAS BROUGHT TO THE KNOWLEDGE OF THE BENC H THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS CONSENTED T O BE CORRECT BY THE LD. DR, SHRI G. N. MAKWANA. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE TH E TRIBUNAL. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTAINED IN CB DT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICABLE WITH RETRO SPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTE D NOT TO FILE APPEAL IN THE CASES WHERE 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. BE FORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.2807/MUM/2013 SHRI KETAN NAVNITLAL SHAH 3 AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY L IMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRI BUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/- , CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAIN TAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR AND THE AFOREMENTIONED CIRCULAR NO. 21 OF 2015, DAT ED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), OF CBDT , THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 02/02/2016. SD/- SD/- ( G.S. PANNU ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; + DATED : 02/02/2016 F{X~{T? P.S/. .. %$&'()(*& / 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