ITO 18(2)(2), MUMBAI V. SWAPNA RAJESH SAWANT, MUMBAI

ITA 4039/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3121 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 03-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Additional evidence; Tax effect
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAILENDRA KUMAR YADAV , JM AND SHRI RAJESH KUMAR, AM ./ I.T.A. NO. 4039 /MUM/ 2014 ( / ASSESSMENT YEAR : 20 09 - 10 ) INCOME TAX OFFICER - 18(2)(2), ROOM NO. 111 , PIRAMAL CHAMBER , LALBAUG, MUMBAI - 4000 12 . / VS. SMT.SWAPNA RAJESH SAWANT, ROOM NO.606, 6 TH FLOOR, SHIVAM BLDG, BHAWANI SHANKAR ROAD, DADAR(W), MUMBAI - 400028 ./ PAN : ACNPS3695Q / REVENUE BY SHRI V INOD KUMAR / ASSESSEE BY SHRI KIRIT SANGHAVI / DATE OF HEARING : 13 .6. 2016 / DATE OF PRONOUNCEMENT :13. 6. 2016 / O R D E R PER RAJESH KUMAR, A. M: THIS IS AN APPEAL FILED BY THE REVENUE CHALLENGING THE ORDER DATED 19.3.2014 PASSED BY LD.CIT(A) - 29 , MUMBAI , FOR ASSESSMENT YEAR 20 09 - 10 BY WHICH THE REVENUE IS CHALLENGING THE DELETI ON OF ADDITION OF RS. 10,00,000/ - BY ACC EPTING THE ADDITIONAL EVIDENCE U/S 46A OF THE INCOME TAX RULES, 1962. 2. THE FACTS OF THE CASE ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME ON 30.7.2009 DECLARING TOTAL INCOME AT RS. 2,34,919/ - . THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY AND T HE ASSESSING OFFICER AFTER MAKING CERTAIN DISALLOWANCES FRAMED THE ASSESSMENT U/S 143(3) AT RS. 22,45,600/ - . AGGRIEVED BY THE ORDER OF THE AO , THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD.CIT(A), WHO IN TURN DELETED TH E ADDITION TO THE EXTENT OF RS.10,00,000/ - . BEING AGGRIEVED BY THE ORDER OF LD.CIT(A), THE REVENUE IS IN APPEAL BEFORE US. 2 4039 /MUM/ 201 4 3 . AT THE OUTSET, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE LD. CIT(A) HAS DELETED THE AMOUNT OF RS. 10,00,000 / - UNDER SECTION 69A OF THE ACT, AND HENCE, THE TAX EFFECT INVOLVED IN THIS APPEAL REMAINS BELOW RS.10 LACS . EVEN CONSIDERING THE ADDITION MADE BY THE AO, THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS. THE LD. AR ALSO SUBMITTED THAT RECENTLY , THE CENTRAL BOARD OF DIR ECT TAXES, HAS ISSUED A CIRCULAR BEARING NO.21/2015 DATED 10.12.2015 PRESCRIBING NEW MONETARY LIMIT OF RS.10.00 LAKHS FOR PREFERRING APPEAL AGAINST THE ORDERS PASSED BY LD CIT(A) BEFORE THE TRIBUNAL. ACCORDING TO THE ABOVE SAID CIRCULAR, THE REVENUE IS P RECLUDED FROM PURSUING THIS APPEAL, AS THE SAID CIRCULAR HAS RETROSPECTIVE EFFECT AND IS APPLICABLE TO THE EXISTING APPEALS ALSO. ACCORDINGLY, W E HAVE HEARD THE LD. DR AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE QUANTUM IN DISPUTE IS RS. 10,00,000 / - AND THE TAX EFFECT INVOLVED THEREIN IS LESS THAN RS.10 LAKHS. T HEREFORE , IN VIEW OF THE INSTRUCTION ISSUED BY CBDT , WE FIND THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS AND THEREFORE, THIS APPEAL IS NOT MAINTAINABLE. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE BEING BELOW RS.10 LAKHS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 .6. 2016. SD SD ( SHAILENDRA KUMAR YADAV ) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 13 .6.2016 SR.PS:SRL: / COPY OF THE ORDER FORWARDED TO : 1. / THE APPE LLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, TRUE COPY [ / (DY./ ASSTT. REGISTRAR) , / ITAT, MUMBAI