DCIT 7(3), MUMBAI V. TIMES GLOBAL BROADCASTING CO. LTD, MUMBAI

ITA 3798/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3348 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 27-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MRS RASHMI KYAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , A M AND SHRI PAWAN SINGH, JM ./ I.T.A. NO. 3798/MUM/2014 ( / ASSESSMENT YEAR: 2008 - 09) DY. CIT - 7(3) ROOM NO. 615, 6 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 / VS. TIMES GLOBAL BROAD CASTING CO. LTD. 1 ST FLOOR, TRADE HOUSE, KAMLA MILL COMPOUND, LOWER PAREL, MUMBAI - 400 013 ./ ./ PAN/GIR NO. AAACCT 2259 F ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI VACHASPATI TRIPATHI / RESPONDENT BY : MRS. RASHMI KYAL / DATE OF HEARING : 02.6.2016 / DATE OF PRONOUNCEMENT : 02 .6.2 016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 13, MUMBAI (CIT(A) FOR SHORT) DATED 07.3.2014 , DISMISSING THE LEVY OF PENALTY U/S. 271(1)(C) OF THE I NCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2008 - 09 VIDE ORDER DATED 26.04.2011. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, M S. RASHMI KYAL , THAT THE TAX EFFEC T OF THE REVENUES APPEAL IS BELOW RS.10 LACS, AND WHICH IS THEREFORE NOT MAINTAINABLE U/S. 268A OF THE ACT IN VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BOARD (INSTRUCTION NO. 21 OF 2015 DATED 10.12.2015 (F. NO. 279/MISC/142/2007 - IT(PT)). THE LD. DEPART MENTAL REPRESENTATIVE 2 ITA NO. 3798/MUM/2014 (A.Y. 2008 - 09) DY. CIT VS. TIMES GLOBAL BROAD CASTING CO. LTD. (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE INSTANT APPEAL BEING WELL BELOW RS.10 LACS, THE PENALTY UNDER DISPUTE SINCE DELETED BY THE LD. CIT(A), BEING FOR RS .6,20,183/ - , AND WHICH IS TO BE RECKONED AS THE TAX EFFECT IN SUCH A CASE. 3. IN VIEW OF THE FOREGOING, THE REVENUES APPEAL IS NOT MAINTAINABLE U/S. 268A OF THE ACT, REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD, WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT R S.10 LACS FOR THE APPELLATE TRIBUNAL, I.E., FOR APPEALS PREFERRED BY THE REVENUE. THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE O PEN COURT ON JUNE 02 , 201 6 SD/ - SD/ - ( PAWAN SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 02 . 0 6 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI