DCIT 10(2), MUMBAI V. SANDIP Y SHAH, MUMBAI

ITA 3877/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0069 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 29-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR A K NAYAK
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NOS.3876 & 3877/MUM/2014 (ASSESSMENT YEARS 2005-06&2006-07) DY. COMMISSIONER OF INCOME TAX-10(2), ROOM NO.432/474, 4 TH FLOOR, AAYKAR BHAVAN,M.K.ROAD, MUMBAI 400 020 ...... APPELLANT VS. SHRI SANDEEP Y. SHAH 96-B, HIRAK SOCIETY, 2 ND FLOOR, S.V.ROAD, VILE PARLE(W), MUMBAI 56. PAN:AAKPS 6736M .... RESPONDENT C.O.NO.186& 185/MUM/2015 (ARISING OUT OF ITA NOS.3876 & 3877/MUM/2014 ASSESSMENT YEARS 2005-06&2006-07) SHRI SANDEEP Y. SHAH 96-B, HIRAK SOCIETY, 2 ND FLOOR, S.V.ROAD, VILE PARLE(W), MUMBAI 56. PAN:AAKPS 6736M .... CROSS OBJECTOR VS. DY. COMMISSIONER OF INCOME TAX-10(2), ROOM NO.432/474, 4 TH FLOOR, AAYKAR BHAVAN,M.K.ROAD, MUMBAI 400 020 .... APPELLANT IN APPEAL APPELLANT BY : DR.A.K.NAYAK RESPONDENT BY : SHRI HIRO RAI DATE OF HEARING : 21/06/2017 DATE OF PRONOUNCEMENT : 21/06/2017 2 ITA NOS.3876 & 3877/MUM/2014 (ASSESSMENT YEARS 2005-06&2006-07) C.O.NO.186& 185/MUM/2015 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEALS FILED BY THE REVENUE AND CR OSS OBJECTIONS FILED BY THE ASSESSEE PERTAINING TO THE ASSESSMENT YEAR S 2005-06 AND 2006-07, ARE DIRECTED AGAINST SEPARATE ORDERS PASSED BY T HE CIT(A)-22, MUMBAI DATED 03/03/2014, WHICH IN TURN, ARISE OUT OF ORDE RS PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE IN COME TAX ACT, 1961 (IN SHORT THE ACT). 3. AT THE OUTSET, IT WAS SUBMITTED BY LD. REPRESE NTATIVE FOR THE ASSESSEE THAT THE TAX EFFECT INVOLVED IN THE APPEALS OF THE REVENUE ARE LESS THAN RS.10.00 LACS, AND THE SAME HAS BEEN ACCEPTED BY TH E LD. DEPARTMENTAL REPRESENTATIVE. THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10/12/2015 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS B Y THE DEPARTMENT BEFORE THE TRIBUNAL RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEALS ARE STATED TO BE BELOW THE MONETARY LIMIT O F RS.10.00 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 10/12/2015 (SUPRA), THE SAME ARE DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEALS FILED BY THE REVENUE ARE DISMISSED. 5. IN SO FAR AS THE CROSS OBJECTIONS FILED BY THE A SSESSEE ARE CONCERNED, THE LD. REPRESENTATIVE FOR THE ASSESSEE DID NOT PRE SS THE GROUNDS RAISED IN THE CROSS OBJECTIONS, THEREFORE, THE SAME ARE DISMI SSED AS NOT PRESSED. 3 ITA NOS.3876 & 3877/MUM/2014 (ASSESSMENT YEARS 2005-06&2006-07) C.O.NO.186& 185/MUM/2015 6. AS A RESULT, APPEALS OF THE REVENUE AND CROSS O BJECTIONS OF THE ASSESSEE ARE DISMISSED, AS ABOVE. THE ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF HEARING ON 21/06/2017. SD/- SD/- (PAWAN SINGH) (G.S. PANNU) JUDICIAL MEMBER ACCONTANT MEMBER MUMBAI, DATED 21/06/2017 VM , SR. PS 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