ACIT 19(2), MUMBAI V. VILASINI VAMAN POOJARY, MUMBAI

ITA 3251/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4196 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 04-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 07-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR
• Assessee Lawyers: NIRMAL KANABAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI JASON P. BOAZ (AM) AND SHRI SANDEEP GOS AIN (JM) ITA NO. 3251 /MUM/2014 ASSESSMENT YEAR: 2008-09 THE ACIT - 19(2), ROOM NO. 315, 3 RD FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI- 400 012. VS. MS. VILASINI VAMAN POOJARI, FLAT NO. 1004, BHOOMI TOWERS- B, OPP. JAIN TEMPLE, SANTACRUZ (E), MUMBAI- 400055. PAN : ACCPP3370L (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. SUMIT KUMAR RESPONDENT BY : SHRI. NIRMAL KANABAN DATE OF HEARING: 04/02/2016 DATE OF PRONOUNCEMENT: 04/02/2016 O R D E R PER JASON P. BOAZ, AM THE AFORESAID APPEAL HAS BEEN FILED BY THE REV ENUE AGAINST THE IMPUGNED ORDER DATED 26/03/2014 PASSED BY THE CIT( A)-30, MUMBAI FOR THE ASSESSMENT YEAR 2008-09, ON THE FOLLOWING G ROUNDS:- 1) 'ON THE FACTS AND UNDER THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) ERRED IN DELETING THE AD DITION OF RS.21,22,973/- FOR A.Y. 2008-09 TOWARDS PURCHASES W ITHOUT APPRECIATING THAT THE ASSESSEE WAS UNABLE TO PRODUC E DOCUMENTARY EVIDENCES IN SUPPORT OF THE PURCHASES. 2 ITA NO. 3251/MUM/2014 ASSESSMENT YEAR: 2008-09 2) THE APPELLANT PRAYS THAT THE ORDER OF THE CIT(A ) ON THE ABOVE GROUND BE SET SIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 3) THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER A NY GROUND OR ADD A NEW GROUND WHICH MAY BE NECESSARY. 2. AT THE OUTSET, IT IS NOTICED THAT, THE DISPUTE D ISSUE IS ONLY FOR RS.21,22,973/- AND THE TAX EFFECT ON THIS AMOUNT IS MUCH BELOW THE SPECIFIED MONETARY LIMIT OF RS. 10 LAKHS. AS PE R THE LATEST CBDT CIRCULAR NO. 21 OF 2015, DATED 10 TH DECEMBER, 2015, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT HAS BEEN ISSUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT RS. 10 LAKHS. IN TH E SAID CIRCULAR, IT HAS BEEN SPECIFICALLY CLARIFIED THAT THE SAID IN STRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS. ACCORDI NGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DIS MISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH FEBRUARY, 2016 SD/- SD/- ( SANDEEP GOSAIN ) (JASON P.BOAZ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 04/02/2016 3 ITA NO. 3251/MUM/2014 ASSESSMENT YEAR: 2008-09 / 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 PRAMILA