ASST CIT CIR 3, KALYAN V. SAGAR SAI ENTERPRISES, MUMBAI

ITA 3057/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3897 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 02-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK MESHR AM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , A M AND SHRI PAWAN SINGH, JM ./ I.T.A. NO.3057/MUM/2014 ( / ASSESSMENT YEAR: 2009 - 10 ) ASST. CIT, C IRCLE - 3, 2 ND FLOOR, RANI MANSION, MURBAD ROAD, KALYAN (W) - 421 301 / VS. SAGAR SAI ENTERPRISES SHOP NO. 6, VENKATESH DARSHAN, SHUBHAS ROAD, VISHNUNAGAR, DOMBIVLI (W) ./ ./ PAN/GIR NO. ABFFS 2332 B ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI ABHISHEK MESHRAM / RESPONDENT BY : SHRI JAYANT BHATT / DATE OF HEARING : 09.5.2016 / DATE OF PRONOUNCEMENT : 09.5.2016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - I , MUMBAI (CIT(A) FOR SHORT) DATED 08.1.2014 , ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) O F THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2009 - 10 VIDE ORDER DATED 30.11.2011 . 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, SHRI JAYANT BHATT ( SHOWI NG TH E T AX IMPACT OF THE INSTANT APPEAL TO BE AT RS.7,18,498/ - ) , THAT THE TAX EFFECT OF THE REVENUES APPEAL IS BELOW RS.10 LACS, 2 ITA NO. 3057/MUM/2014 (A.Y. 2009 - 10) ASST. CIT VS. SAGAR SAI ENTERPRISES AND WHICH IS THEREFORE NOT MAINTAINABLE U/S. 268A OF THE ACT IN VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BOARD (INSTRUCTION NO. 21 OF 2015 DATED 10.12.2015 (F. NO. 279/MISC/142/2007 - IT(PT)). THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE INSTANT APPEAL BEING WELL BELOW RS.10 LACS, THE CLAIM UNDER DISPUTE - SINCE ALLOWED BY THE LD. CIT(A), BE ING FOR RS. 13.48 LACS. THE SAME ACCORDINGLY IS NOT MAINTAINABLE U/S. 268A OF THE ACT, REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD, WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT RS.10 LACS FOR THE APPELLATE TRIBUNAL, I.E., FOR APPEALS PREFERRED BY THE REVENUE. THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON MA Y 09 , 201 6 SD/ - SD/ - ( PAWAN SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 09.05 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI