ITO 17(2)(1), MUMBAI V. MOHD ISMAIL RANGARI, MUMBAI

ITA 3934/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3972 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-03-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 05-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.3934/MUM/2012 ASSESSMENT YEARS: 2003-04 ITO-17(2)(1), ROOM NO.216, 2 ND FLOOR, PIRAMAL CHAMBERS, PAREL MUMBAI-400012 / VS. SHRI MOHD. ISMAIL RANGARI, BLDG. NO.9, ROOM NO.10, KIDWAI NAGAR, WADALA, 516, R.A. KIDWAI ROAD, MUMBAI-400031 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO. AAAPR8538G ITA NO.3983/MUM/2012 ASSESSMENT YEARS: 2003-04 ITO-17(2)(1), ROOM NO.216, 2 ND FLOOR, PIRAMAL CHAMBERS, PAREL MUMBAI-400012 / VS. SHRI MOHD. AHMED RANGARI, BLDG. NO.9, ROOM NO.10, KIDWAI NAGAR, WADALA, 516, R.A. KIDWAI ROAD, MUMBAI-400031 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO.AAAPR7083C MOHD. ISMAIL RANGARI & MOHD. AHMED RANGARI ITA NOS.3934 & 3983/MUM/2012 2 & ' $ ( / DATE OF HEARING : 15/02/2016 ' $ ( / DATE OF ORDER: 16/02/2016 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) BOTH THESE APPEALS ARE BY THE REVENUE, WHICH PERTAI NS TO DIFFERENT ASSESSEES, IS AGGRIEVED BY THE IMPUGNED O RDER DATED 26/03/2012, OF THE LD. FIRST APPELLATE AUTHORITY, M UMBAI. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESEN T ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT WAS BROU GHT TO OUR NOTICE THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS CONSENTED TO BE CORRECT BY THE LD. DR, SMT. ANUKRISHNA AGARWA L. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT THE TAX EFFECT IN BOTH THE APPEALS IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL. 2.2. IN VIEW OF THE FACT, THAT THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PRESCRIBED MONETARY LIMI T, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES ! / REVENUE BY SMT. ANUKRISHNA AGARWAL !'# $ ! / ASSESSEE BY NONE MOHD. ISMAIL RANGARI & MOHD. AHMED RANGARI ITA NOS.3934 & 3983/MUM/2012 3 WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX M ATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY L IMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRI BUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/- , CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAIN TAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR AND THE AFOREMENTIONED CIRCULAR NO. 21 OF 2015, DAT ED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), OF CBDT , THE APPEALS OF THE REVENUE ARE DISMISSED AS NOT MAINTAI NABLE. FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED A S NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 15/02/2016. SD/- SD/- ( SANJAY ARORA ) (JOGINDER SINGH) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER & MUMBAI; ) DATED : 16/02/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT 2. ./,- / THE RESPONDENT. MOHD. ISMAIL RANGARI & MOHD. AHMED RANGARI ITA NOS.3934 & 3983/MUM/2012 4 3. 0 0 1$ ( + ) / THE CIT, MUMBAI. 4. 0 0 1$ / CIT(A)- , MUMBAI 5. 34 .$ ! , 0 +( ! 5 , & / DR, ITAT, MUMBAI 6. ' 7& / GUARD FILE. ! / BY ORDER, /3+$ .$ //TRUE COPY// /! (DY./ASSTT. REGISTRAR) , & / ITAT, MUMBAI