ACIT CIR 27(2), MUMBAI V. PRASHANT KANTILAL LATHIA, MUMBAI

ITA 3713/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8441 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2017
• Appeal Filed By: Department
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 16-06-2015
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI CN PRASAD , JUDICIAL MEMBER AND SHRI ASHWANI TANEJA , ACCOUNTANT MEMBER ITA NO. 3 713 /MUM/201 5 : (A.Y : 20 10 - 1 1 ) ACIT CIR 27(2) R.NO.411, 4 TH FLOOR TOWER NO.6, VASHI STATION COMPLEX MUMBAI 400 703 ( / APPELLANT) VS. SHRI PRASHANT KANTILAL LATHIA D/6, KASHMIR KUNJ ABOVE UNION BANK OF INDIA GARODIA NAGAR, GHATKOPAR (E) MUMBAI 400 0 77 PAN : AARPL0145J ( / RESPONDENT) / A SSESSEE BY : SHRI DEVENDRA JAIN REVENUE BY : MS. ANUPAMA SINGLA / DATE OF HEARING : 21 / 02 /201 7 DATE OF PRONOUNCEMENT : 21 / 02/2017 / O R D E R PER CN PRASAD, JM : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 31.03.2015, PASSED BY THE LD. CIT (APPEALS) - 25, MUMBAI, FOR THE ASSESSMENT YEAR 2010 - 11. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THIS REVENUES APPEAL IS LESS THAN RS.10 LAKHS AND THEREFORE IN VIEW OF CBDT 2 SHRI PRASHANT KANTILAL LATHIA ITA NO . 3 713 /MUM/201 5 CIRCULAR NO. 21/2015 DATED 10.12.2015, THE APPEAL IS NOT MAINTAINABLE. THE LD. DR FAIRLY SUBMITS THAT THE TAX EFFECT IS LESS THAN RS.10 LAKHS. 3. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10.12.2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 4 . CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 5 . IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 21 ST FEBRUARY 2017. SD/ - SD/ - ASHWANI TANEJA C.N.PRASAD / / ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE : 21 ST FEBRUARY, 2017 LR, SPS 3 SHRI PRASHANT KANTILAL LATHIA ITA NO . 3 713 /MUM/201 5 / COPY OF THE ORDER FORWARDED TO : / BY ORDER , ( ASSTT. REGISTRAR ) , / ITAT, MUM 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. // TRUE COPY / /