ITO 20(2)(1), MUMBAI V. DARSHANA P. BRAHMBHATT, MUMBAI

ITA 2933/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3968 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 29-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K MOHANDA S
• Assessee Lawyers: N KRISHNA KUMAR
• Keywords: Retrospective amendment; Tax effect
• Section: 6

Judgement Text

D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 2933 /MUM/2014 ( / ASSESSMENT YEAR : 2009-10) INCOME TAX OFFICER(20)(2)(1) 701,PIRAMAL CHAMBERS LALBAUG, MUMBAI- 400012 / V. SMT DARSHANA P BRAHMBHATT, FLAT NO. 10, A WING, 3 RD FLOOR, ASHIRWAD PLOT NO. 11 CROSS ROAD NO. 1, LOKHANDWALA COMPLEX ANDHERI(W),MUMBAI- 400053 ./ PAN : AHGPB2290N ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY SH K MOHANDAS , SR. DR ASSESSEE BY : SHRI N. KRISHNA KUMAR / DATE OF HEARING : 16-05-2016 / DATE OF PRONOUNCEMENT : 16-05-2016 / O R D E R PER RAMIT KOCHAR,ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE IS DISPOSED OF BEC AUSE THE TAX EFFECT IN THE APPEAL IS LESS THAN RS. 10 LACS AS PER THE LATE ST CBDT CIRCULAR NO. 21/2015, F. NO. 279/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. 2. THE LD. SENIOR D.R. SUBMITTED THAT TAX EFFECT IN VOLVED IN THIS APPEAL IS LESS THAN RS. 10 LACS AND THE CBDT CIRCULAR NO. 21/ 2015 IS APPLICABLE TO THIS APPEAL AND THE APPEAL IS NOT MAINTAINABLE/NOT PRESS ED IN TERMS OF CBDT CIRCULAR NO 21/2015 DATED 10/12/2015. THE LD. SENI OR DR SUBMITTED THAT AS ITA 2933/MUM/2014 2 PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 27 9/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT T AXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNM ENT OF INDIA, NO APPEAL SHALL BE FILED BY THE REVENUE IN RESPECT OF AN ASSE SSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMI T SPECIFIED IN PARA 3 OF THE CIRCULAR PARA 3 OF THE CIRCULAR NO. 21/2015 S NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10,00,000/- 2 BEFORE HIGH COURT 20,00,000/- 3 BEFORE SUPREME COURT 25,00,000/- IN THE SAID CIRCULAR VIDE PARA 10, IT IS STIPULATE D THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEAL S TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE S PECIFIED TAX LIMITS IN MAY BE WITHDRAWN/NOT PRESSED. 3. KEEPING IN VIEW THE CBDT CIRCULAR NO. 21/2015 DA TED 10 TH DECEMBER, 2015 WHICH IS APPLICABLE FROM RETROSPECTIVE EFFECT AND IS ALSO APPLICABLE TO PENDING APPEALS AND ALSO IN VIEW OF LD. SENIOR DR S TATING BEFORE US THAT THIS APPEAL IS NOW NOT MAINTAINABLE/NOT PRESSED IN VIEW OF THE ABOVE CBDT CIRCULAR, WE HOLD THAT THIS APPEAL FILED BY THE REV ENUE WHICH IS COVERED BY THIS ORDER INVOLVING TAX EFFECT OF LESS THAN RS. 1 0 LACS IS NOT MAINTAINABLE AND IS DISMISSED BEING NOT PRESSED. HOWEVER, THE REVEN UE IS AT LIBERTY TO FILE AN APPLICATION FOR RECALL OF THIS APPEAL IN ACCORDANCE WITH LAW, IF AT ANY THE REVENUE WANTS TO AGITATE THE MATTER IN ACCORDANCE W ITH THE PROVISIONS/CLAUSES AS CONTAINED IN THE AFORE-STATED CIRCULAR. WE ORDER ACCORDINGLY. ITA 2933/MUM/2014 3 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH MAY 2016. # $% &' 16-05-2016 ( ) SD/- SD/- (SAKTIJIT DEY) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ MUMBAI ; & DATED 16-05-2016 [ !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. 9 ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. 9 / CIT- CONCERNED, MUMBAI 5. <=( >>?@ , ?@ , $ / DR, ITAT, MUMBAI D BENCH 6. (BC D / GUARD FILE. / BY ORDER, < > //TRUE COPY// / ( DY./ASSTT. REGISTRAR) , $ / ITAT, MUMBAI DRAFT DICTATED ON 16-05-2016 SR PS 2 DRAFT PLACED BEFORE AUTHOR ON 16 - 05 - 2016 SR PS 3 DRAFT PROPOSED & PLACE BEFORE THE 2 ND MEMBER 16-05-2016 JM/AM 4 DRAFT DISCUSSED/APPROVED BY 2 ND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR PS 7 FILE SENT TO THE BENCH CLERK SR PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE ON WHICH FILE GOES TO THE AR 10 DATE OF DISPATCH SR PS