ITO WD 4(3), THANE V. NIKUNJ DEVELOPERS, THANE

ITA 3838/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1611 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2016
• 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
• Department Lawyers: SUMAN KUMARDR
• Assessee Lawyers: VIRAG H SHAHAR

Judgement Text

, , , , INCOME-TAX APPELLATE TRIBUNAL -BBENCH MUMBAI , , BEFORE S/SH.RAJENDRA,ACCOUNTANT MEMBER AND AMA RJIT SINGH, JUDICIAL MEMBER / ITA NO.3838/MUM/2014( /ASSESSMENT YEAR-2009-10) INCOME TAX OFFICER-WARD 4(3) 6TH FLOOR, ASHAR IT PARK ROAD 16Z, THANE-(W) VS. M/S. NIKUNJ DEVELOPERS NIKUNJ HOUSE, MANAV MANDIR, AMBADI ROAD, VASAI ROAD MUMBAI-401 202. PAN:AABFN 5346 D REV ENUE BY: SHRI SUMAN KUMAR-DR ASS ESSEE BY: SHRI VIRAG H. SHAH-AR / DATE OF HEARING: 28.11.2016 / DATE OF PRONOUNCEMENT: 28.11.2016 ,1961 254(1) ORDER U/S.254(1)OF THE INCOME-TAX ACT,1961(ACT) , / PER RAJENDRA A.M. - THE ABOVE APPEAL WAS FILED BY THE ASSESSING OFFICER (AO) RAISING VARIOUS GROUNDS OF APPEAL FOR THE ABOVE MENTIONED ASSESSMENT YEAR.THE TAX EFF ECT INVOLVED IN THIS APPEAL IS BELOW THE MONETARY LIMIT,(RS.10,00,000/-) PRESCRIBED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), VIDE ITS CIRCULAR NO.21/2015(F.NO.279/MISC. 142/200 7-ITJ (PT.) DATED 10 TH DECEMBER, 2015. 2. THE DEPARTMENTAL REPRESENTATIVE (DR) AND AUTHORISED REPRESENTATIVES (AR),WHO APPEARED BEFORE THE BENCH, FAIRLY CONCEDED THAT THE TAX INVOLVED IN THE ABOVE APPEAL WAS LESS THAN RS.10.00 LACS. CONSIDERING THESE FACTS,WE DISM ISS THE APPEAL HOLDING IT AS NOT MAINTAINABLE. AS A RESULT, APPEAL FILED BY THE ASSESSING OFFICER STANDS DISMISSED. !' #$ . ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH NOVEMBER, 2016. % &# 28 , 2016 SD/- SD/- ( / AMARJIT SINGH ) ( / RAJENDRA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 28. 11.2016. JV.SR.PS. 3838/M/14-NIKUNJ DEVELOPERS 2 / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR A BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.