ITO 25(3)(2), MUMBAI V. DEEPALI J SHAH, MUMBAI

ITA 3498/MUM/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 2158 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 29-12-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 16-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUJIT BANGARDR
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, D MUMBAI , . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI D. KARUNAKAR RAO, ACCOUNTANT MEMBER ITA NOS.3498 & 3500/MUM/2014 ASSESSMENT YEARS: 2006-07 & 2008-09 INCOME TAX OFFICER- 25(3)(2), C-11, R. NO.306, PRATYAKSH KAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400051 / VS. SMT. DEPALI J. SHAH, 42, TANAY SKY BUILD. VILLAGE, BEHIND BHATIA SCHOOL, OFF. SAIBABA ROAD, KANDIVALI(WEST) MUMBAI-400067 ( / REVENUE) ( !'#$% /ASSESSEE) PAN. NO. AWPPS2195B & !' ( %) / DATE OF HEARING : 29/12/2015 ( %) / DATE OF ORDER: 29/12/2015 !' / REVENUE BY SHRI SUJIT BANGAR-DR !'#$% !' / ASSESSEE BY NONE ITA NO.3498 & 3500/MUM/2014 SMT. DEEPALI J.SHAH 2 / O R D E R PER JOGINDER SINGH(JUDICIAL MEMBER) BOTH THESE APPEALS ARE BY THE REVENUE CHALLENGING T HE IMPUGNED ORDER BOTH DATED 26/02/2014 PASSED BY THE LD. FIRST APPELLATE AUTHORITY, MUMBAI. 2. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THA T THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PR ESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS CONSENTED T O BE CORRECT BY THE LD. DR. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE NOTE T HAT THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW THE PR ESCRIBED MONETARY LIMIT OF RS.10 LAKH. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PRESCRIBED MONETARY LIMI T, AS CONTAINED IN CBDT INSTRUCTION NO.3/2011 DATED 09/02/2011, FURTHER INSTRUCTION NO.5/2014 (F NO.279/MISC./142/2007-IT(PT) DATED 10/07/2014, THE CBDT REVISED THE MONETARY LIMIT FOR FILING THE APPE AL BEFORE VARIOUS AUTHORITIES/COURTS VIDE CBDT CIRCULAR NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT( PT), WITH RETROSPECTIVE EFFECT AND ADVISED/DIRECTED THE DEPARTMENT NOT TO FILE APPEAL IN THE CASES WHERE TH E TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT .:- ITA NO.3498 & 3500/MUM/2014 SMT. DEEPALI J.SHAH 3 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/ - AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY LIMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRIBUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.1 0,00,000/-, CONSEQUENTLY, THESE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR AND THE AFOREMENTIONED CIR CULAR OF CBDT, THE APPEALS OF THE REVENUE ARE DISMISSED AS N OT MAINTAINABLE. FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED A S NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE LD. REPRESENTATIVE FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 29/12/2015. SD/- SD/- ( D. KARUNAKAR RAO ) (JOGINDER SINGH) #'$ / ACCOUNTANT MEMBER %'$ /JUDICIAL MEMBER & ' MUMBAI; +! DATED : 29/12/2015 F{X~{T? P.S/. !. . ITA NO.3498 & 3500/MUM/2014 SMT. DEEPALI J.SHAH 4 &%'()*)+' / COPY OF THE ORDER FORWARDED TO : 1. ,-./ / THE APPELLANT (RESPECTIVE ASSESSEE) 2. 01./ / THE RESPONDENT. 3. 2 2 & 3% ( ,- ) / THE CIT, MUMBAI. 4. 2 2 & 3% / CIT(A)- , MUMBAI, 5. 56 0%!' , 2 ,-) ,' , & ' / DR, ITAT, MUMBAI 6. # 7' / GUARD FILE. ' / BY ORDER, 15-% 0% //TRUE COPY// /' (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI