ITO 24(1)(1), MUMBAI V. MUSTAK KARIM PRASALIA, MUMBAI

ITA 3864/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3064 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 14-06-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 29-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI B.R.BASKARAN (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 3864/MUM/2014 ASSESSMENT YEAR: 2008-09 THE ITO - 2 4 ( 1 )( 1 ), ROOM NO. 607, C-13, 6 TH FLOOR PRATYAKSHAKAR BHAWAN, BANDRA KURLA COMPLEX, MUMBAI-400051. VS. SH. MUSTAK KARIM PRASALIA, 204 SULTANABAD BHUVAN, SULTANABAD BAUGA, BEHRAM BAUG, JOGESHWARI WEST MUMBAI PAN- ALPPP5731P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. DURGA DUTT RESPONDENT BY : NONE DATE OF HEARING: 14/06/2016 DATE OF PRONOUNCEMENT: 14/06/2016 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAI NST ORDER DATED 31/03/2013 PASSED BY THE LD CIT(APPEALS)-34, MUMBAI FOR THE AS SESSMENT YEAR 2008-09. 2. THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER O N FOLLOWING EFFECTIVE GROUNDS OF APPEAL:- 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING PENALTY OF R S. 4,33,658/- LEVIED U/S 271(1)(C) BY THR ASSESSING OFFICER ON THE BASIS THAT THE QUANTUM ADDITION HAD BEEN DELETED BY THE LD. CIT(A) VIDE IT S ORDER DATED 31/03/2014. 2 ITA NO. 3864/MUM/2014 ASSESSMENT YEAR: 2008-09 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY O F RS.4,33,658/- LEVIED BY THE ASSESSING OFFICER IGNORING THE FACT T HAT THE ASSESSEE COULD NOT SUBSTANTIATE WITH DOCUMENTARY EVIDENCE TH E SOURCE OF THE CASH DEPOSITS. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY OF RS. 4,3 3,658/- LEVIED BY THE ASSESSING OFFICER AS FURTHER APPEAL HAS BEEN RE COMMENDED AGAINST THE QUANTUM ADDITION BY NOT ACCEPTING THE D ECISION OF THE LD. CIT(A) 3. CASE WAS CALLED FOR HEARING, HOWEVER, NONE APPE ARED ON BEHALF OF THE RESPONDENT/ASSESSEE. WE NOTICE THAT THE TAX EFFECT IN THIS CASE IS BELOW RS.10,00,000/- THEREFORE, AS PER THE CBDT CIRCULAR NO. 21 OF 2015, DATED 10/12/2015, THE PRESENT APPEAL IS NOT MAINTAINABLE. 4. THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT IN DEPARTMENTS APPEAL IS BELOW RS.10 LAKHS, WE FURTHER FIND THAT THE ISSUE R AISED IN APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN PARA 8 OF THE CIRCULAR. SINCE, IT HAS BEEN SPECIFICALLY CLARIFIED IN THE CIRCULAR AFORESA ID THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS; T HE PRESENT APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. WE, THEREFORE, DISMIS S THE SAME IN LIMINE . ORDER PRONOUNCED IN THE OPEN COUR T ON 14 TH JUNE, 2016 SD/- SD/- ( B.R.BASKARAN ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 14/06/2016 3 ITA NO. 3864/MUM/2014 ASSESSMENT YEAR: 2008-09 / COPY 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 ORDER, ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI PRAMILA