ITO WD 1(2), KALYAN V. MOHD. SHAHID MOHD. HASAN MOMIN, BHIWANDI

ITA 3886/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2413 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-08-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 16-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHAMMED RIZWAN
• Assessee Lawyers: TRIVIKRAM A PHADKE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI BEFORE SHRI JOGINDER SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 38 8 6 /MUM/201 3 ASSESSMENT YEAR: 20 0 7 - 0 8 ITO, WD1(2) VS. MOHD. SAHID MOHD. HASAN MOMIN 1 ST FLOOR, MOHAN PLAZA 751/10, NARPOLI, BHIWANDI - 421302 WAYAE NAGAR KHADAKPADA, KALYAN P AN NO. A CRPA3643G (APPELLANT) (RESPONDENT) REVENUE BY : MR. MOHAMMED RIZWAN ASSESSEE BY : MR. TRIVIKRAM A. PHADKE DATE OF HEARING : 24 / 10 /2016 DATE OF PRONOUNCEMENT: 2 4 / 10 /2016 ORDER PER N.K.PRADHAN, AM: INSTANT APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 25 /0 1 /201 3 PASSED BY THE L D. COMMISSIONER (APPEALS) - I , THANE, FOR AY 2007 - 08. 2. THE TAX EFFECT AS PER THE ORDER OF THE LD. CIT(A) IS RS. 5,49,441/ - . BOTH THE LEARNED COUNSEL FOR THE PARTIES AGREED BEFORE US THAT THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 10,00,000/ - FIXED BY THE CBDT IN CIRCULAR NO. 21 OF 2015 DATED 10/12/2015 IN RELATION TO APPEAL BEFORE THE ITAT. TAKING INTO CONSIDERATION THE AFORESAID SUBMISSIONS OF THE PARTIES AND ALSO FINDING THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPECTIVELY, EVEN TO PENDING APPEALS, WE DISMISS THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE. 3. IN THE RESULT, THE APPEAL STANDS DISMISSED. ITA NO. 6218/MUM/2014 2 ORDER PRONOUNCED IN THE OPEN COURT ON 2 4 /10/2016 SD/ - SD/ ( JOGINDER SINGH ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 24 /10/2016 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