ACIT CIR 16(2), MUMBAI V. MADHUBALA ANANAD KUMAR, MUMBAI

ITA 314/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3938 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 12-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.314/MUM/2012 ASSESSMENT YEAR:2008-09 ACIT-16(2), MATRU MANDIR, TARDEO ROAD, MUMBAI-400007 VS SMT. MADHUBALA ANAND KUMAR, 47, 4 TH FLOOR, DAR-UL-MULK CHS LTD., 26 PANDITA RAMABAI MARG, GAMDEVI, MUMBAI-400007 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO. AEWPM9346R % & ' $ ( / DATE OF HEARING : 23/02/2016 ' $ ( / DATE OF ORDER: 23/02/2016 / REVENUE BY SHRI M. RANJAN-DR !'# $ / ASSESSEE BY SHRI NISHIT GANDHI ITA NO.314/MUM/2012 MADHUBALA ANAND KUMAR. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 24/10/2011, OF THE LD. FIRST APPELLATE AUTHORITY, M UMBAI, ON THE GROUND AS STATED IN THE GROUNDS OF APPEAL. 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, SHRI NISHIT GANDHI, CONTENDED THAT TH E TAX EFFECT IN THE PRESENT APPEAL IS BELOW THE PRESCRIBE D MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI M. RANJAN. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBE D LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNA L. 2.2. IN VIEW OF THE FACT, THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTA INED IN CBDT 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 BY THE BOARD 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. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.314/MUM/2012 MADHUBALA ANAND KUMAR. 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, THE APPEAL OF THE REVENUE IS DISMISSED A S NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVE FROM BOTH SIDES AT T HE CONCLUSION OF THE HEARING ON 23/02/2016. SD/- SD/- ( SANJAY ARORA ) (JOGINDER SINGH) ! ' / ACCOUNTANT MEMBER # ' /JUDICIAL MEMBER % & MUMBAI; ) DATED : 23/02/2016 F{X~{T? P.S/. . . $#%&'(')% / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 % 1$ ( + ) / THE CIT, MUMBAI. 4. 0 0 % 1$ / CIT(A)- , MUMBAI 5. 34 .$ ! , 0 +( ! 5 , % & / DR, ITAT, MUMBAI 6. ' 7& / GUARD FILE. / BY ORDER, /3+$ .$ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % & / ITAT, MUMBAI