ACIT CC 2, KALYAN V. RASIKLAL HIRJI SHAH, MUMBAI

ITA 2965/MUM/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2870 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 16-11-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 02-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.2965/MUM/2012 ASSESSMENT YEAR: 2006-07 ACIT, CIRCLE-1, 1 ST FLOOR, MOHAN PLAZA, WAYALE NAGAR, KHADAKPADA, KALYAN(W) / VS. SHRI HITESH RASIKLAL SHAH, L/H OF SHRI RASIK HIRJI SHAH PROP. JAYSHREE ENTERPRISES, PRITESH COMPLEX, DAPODA, BHIWANDI PAN. NO. ADNPK2012J ( / REVENUE ) ( !' # /ASSESSEE) / REVENUE BY SHRI B.S. BIST-DR !' # / ASSESSEE BY NONE $ % & # ' / DATE OF HEARING : 22/06/2016 & # ' / DATE OF ORDER: 22/06/2016 ITA NO.2965/MUM/2012 SHRI HITESH RASIKLAL SHAH 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 30/01/2012 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESENT FOR THE ASSESSEE IN SPITE OF ISSUANCE OF REGISTERED AD NOTICE, THEREFORE, WE HAVE NO OPTION BUT TO PROCEED EX-PART E, QUA THE ASSESSEE AND TEND TO DISPOSE OF THIS APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. AT THE OUTSET, THE LD . DR, SHRI B.S. BIST, CONTENDED THAT THE TOTAL TAX EFFECT IN T HE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE SUBMISSIONS OF THE LD. DR TO THE EFFECT THAT THE TA X EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIM IT OF RS.10 LAKH, FOR FILING THE APPEAL BEFORE THE TRIBUN AL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICA BLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N 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. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.2965/MUM/2012 SHRI HITESH RASIKLAL SHAH 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRES ENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 22/06 /2016. SD/- SD/- ( ASHWANI TANEJA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER $ % MUMBAI; ) DATED : 22/06/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,-. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. 1 1 $ 2# ( +, ) / THE CIT, MUMBAI. 4. 1 1 $ 2# / CIT(A)- , MUMBAI 5. 34 /# , 1 +,' + 5 , $ % / DR, ITAT, MUMBAI 6. ! 6% / GUARD FILE. / BY ORDER, 03,# /# //TRUE COPY// / (DY./ASSTT. REGISTRAR) , $ % / ITAT, MUMBAI