ITO WD 15(2)(2), MUMBAI V. ADITYA AJGAONKAR, MUMBAI

ITA 3448/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2399 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-03-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 03-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI G.S.PANNU (AM) AND SHRI RAM LAL NEGI (J M) ITA NO 3448/MUM/2013 ASSESSMENT YEAR: 2008-09 THE ITO 15 (2)(2), ROOM NO. 110, MATRU MANDIR, 1 ST FLOOR, TARDEO ROAD, MUMBAI- 400 007. VS. SHRI. ADITYA AJGAONKAR, GROUND FLOOR, MANDAR, JUHU TARA ROAD, JUHU, MUMBAI- 400 049. PAN:- AGOPA3942H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. JAVED AKHTAR. RESPONDENT BY : SHRI. ADITYA AJGAONKAR. DATE OF HEARING: 2 2 /07/ 2016 DATE OF PRONOUNCEMENT: 22/07/20 16 O R D E R PER RAM LAL NEGI, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVEN UE AGAINST ORDER DATED 13/02/2013 PASSED BY THE LD. CIT(APPEALS)-26 MUMBAI FOR THE ASST. YEAR 2008-09. 2. THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER O N THE FOLLOWING EFFECTIVE GROUNDS OF APPEAL:- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS. 27,79,769/- MADE BY THE ASSESSING OFFICER AND NOT APPRECIATING THE FACT THAT THE ASSESSEE IS FOLLOWING CASH SYSTEM OF ACCOUNTING AND THE EXPENSES CLAIMED WERE NOT ACTUALLY PAID BY THE ASSESSEE DURI NG THE YEAR AND 2 ITA NO 3448/MUM/2013 ASSESSMENT YEAR: 2008-09 SAME WERE REFLECTED AS RECEIVABLE IN THE BALANCE SH EET OF M/S. ADITYA INTEGRATED SERVICES AS ON 31.03.2008. 3. THE LEARNED AUTHORIZED REPRESENTATIVE OF THE AS SESSEE SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS BELOW RS.10,00,000/- AS THE TOTAL DISALLOWANCE MADE BY THE AO IS RS. 27,79,769/-. HENCE, AS PER THE CBDT CIRC ULAR NO. 21 OF 2015, DATED 10/12/2015, THE PRESENT APPEAL IS NOT MAINTAINABLE. 4. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT I N DEPARTMENTS APPEAL IS BELOW RS.10 LAKHS, WE FIND THAT THE ISSUE RAISED IN APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN PARA 8 OF THE C IRCULAR. SINCE, IT HAS BEEN SPECIFICALLY CLARIFIED IN THE CIRCULAR AFORESAID TH AT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS; THE PRE SENT APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. WE, THEREFORE, DISMIS S THE SAME IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND JULY, 2016 SD/- SD/- ( G.S.PANNU ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 22/07/2016 / 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. 3 ITA NO 3448/MUM/2013 ASSESSMENT YEAR: 2008-09 / BY ORDER, ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI PRAMILA