ACIT CC 39, MUMBAI V. MUMBAI SEZ LTD, MUMBAI

ITA 3034/MUM/2014

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7259 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 02-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MADHUR AGARWAL A R
• Assessee Lawyers: SUMAN KUMARDR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B , MUMBAI BE F ORE SHRI R.C SHARMA , ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO.3 034 / MUM / 2014 (ASSESSMENT YEAR 200 8 - 09 ) ACIT CENTRAL CIRCLE - 39, ROOM NO. 32(1), GROUND FLOOR, AAYKAR BHAVAN, M.K ROAD, MUMBAI 400 020 ...... APPELLANT VS. M/S MUMBAI SEZ LTD., 1 ST FLOOR, JAI CENTRE, 24, P.D MELLO ROAD, MASJID, MUMBAI 400 009. PAN: AABCG2739C .... RESPONDENT APPELLANT BY : SHRI MADHUR AGARWAL,A.R RESPONDENT BY : SHRI SUMAN KUMAR,D.R DATE OF HEARING : 03/05/2018 DATE OF PRONOUNCEMENT : 03/05/2018 O RDER PER RAVISH SOOD, J.M: T HE CAPTIONED APPEAL FILED BY THE REVENUE PERTAINING TO ASSESSMENT YEAR 200 8 - 09 IS DIRECTED AGAINST THE ORDER PASSED BY CIT(A) - 41, MUMBAI, DATED 31.01 .2014, WHICH IN TURN, ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), DATED 2 9 .12.201 0 . 2 ACIT VS . M/S MUMBAI SEZ LTD. - ITA NO.3829/MUM/2014 ASSESSMENT YEAR 2009 - 10 2. AT THE OUTSET, IT IS NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. 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 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 10/12/2015, THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 /05/2018 SD/ - SD/ - ( R.C SHARMA ) ( RAVISH SOOD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI , DATED 03 /05/2018 PS: ROHIT 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 . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI 3 ACIT VS . M/S MUMBAI SEZ LTD. - ITA NO.3829/MUM/2014 ASSESSMENT YEAR 2009 - 10