ACIT CC 39, MUMBAI V. MUMBAI SEZ LTD, MUMBAI

ITA 3829/MUM/2014

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7260 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 28-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUMAN KUMAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B , MUMBAI BE F ORE SHRI R.C SHARMA , ACCOUNTANT MEMBER AND SHRI RAVISH SOOD , JUDICIAL MEMBER ITA NO. 3829 / MUM / 20 14 (ASSESSMENT YEAR 20 0 9 - 10 ) A CIT CENTRAL CIRCLE - 39 , ROOM NO. 32(1), GROUND FLOOR, AAYKAR BHAVAN, M.K ROAD, MUMBAI 400 0 20 ...... APPELLANT VS. M/S MUMBAI SEZ LTD., 1 ST FLOOR, JAI CENTRE, 24, P.D MELLO ROAD, MASJID, MUMBAI 400 0 09. PAN: AA BCG2739C .... RESPONDENT A PPELLANT BY : SHRI MADHUR AGARWAL ,A.R RESPONDENT BY : SHRI SUMAN KUMAR ,D.R DATE OF HEARING : 03/05/2018 DATE OF PRONOUNCEMENT : 03/05/2018 O RDER PER RAVISH SOOD , J.M: T HE CAPTIONED APPEAL FILED BY THE REVENUE PERTAINING TO ASSESSMENT YEAR 20 0 9 - 10 IS DIRECTED AGAINST THE ORDER PASSED BY CIT(A) - 41 , MUMBAI , DATED 26.02.2014 , WHICH IN TURN , ARISES OUT OF AN ORDER PASS ED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) , DATED 28.12.2011. 2 ACIT VS. M/S MUMBAI SEZ LTD. - ITA NO. 3829 /MUM/20 14 ASSESSME NT YEAR 200 9 - 10 2. AT THE OUTSET, IT IS NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. THE CBDT VIDE ITS CIRCULAR NO.21 /2015 , DATED 10/12/2015 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL , RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS.10.00 LACS SPECIFI ED IN THE CBDT CIRCULAR DATED 10/12/2015, THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 / 05 /201 8 SD/ - SD/ - ( R.C SHARMA ) ( RAVISH SOOD ) ACCOUNTANT MEM BER JUDICIAL MEMBER MUMBAI , DATED 03 /05 / 201 8 PS: ROHIT CO PY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDE R, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI 3 ACIT VS. M/S MUMBAI SEZ LTD. - ITA NO. 3829 /MUM/20 14 ASSESSME NT YEAR 200 9 - 10