ACIT 18(1), MUMBAI V. MADHULI CO OPERATIVE HOUSING SOCIETY LTD, MUMBAI

ITA 3312/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2199 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 08-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P MEENA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B , MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, J UDICIAL M EMBER , A ND S HRI N.K. PRADHAN , A CCOUNTANT M EMBER ITA NO . 3312 /MUM/20 14 ASSESSMENT YEAR: 200 9 - 1 0 AC IT - 1 8 ( 1 ), ROOM NO. 116, 1 ST FLOOR, PIRAMAL CHAMBERS, PAREL , MUMBAI - 13 / VS. MADHULI CO - OPERATIVE HOUSING SOCIETY LTD., DR. ANNIE BESANT ROAD, WORLI, MUMBAI 13 ( / REVENUE) ( /ASSESSEE) P.A. NO. AAAAM 2256 K / REVENUE BY SHRI O.P. MEENA - DR / ASSESSEE BY NONE . / DATE OF HEARING : 0 9 /1 1 /201 6 / DATE OF ORDER : 09 /1 1 /20 16 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 05 / 0 2 /201 4 OF THE LD. FIRST APPELLATE AUTHORITY, MUMBAI . MADHULI CO - OP HOUSING SOCIETY LTD. ITA NO. 3312 /MUM/2014 2 2. AT THE OUTSET , IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI NEIL PHILIPH , DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE SUBMISSION OF LD. DR AND PERUSED THE MATERIAL A VAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH , FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/M ISC./142/2007 - IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED 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 MATTE RS 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/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EFFECT IS LESS THAN RS.10,00,000/ - , CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. MADHULI CO - OP HOUSING SOCIETY LTD. ITA NO. 3312 /MUM/2014 3 FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. T HIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT T H E CONCLUSION OF THE HEARING ON 0 9 /1 1 /2016 . S D/ - SD/ - ( N.K. PRADHAN ) (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 09 / 1 1 /201 6 VR/ - . . / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A) - , MUMBAI 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBA I,