ITO (E) I(1), MUMBAI V. BHANDUP EDUCATIONAL SOCIETY, MUMBAI

ITA 4081/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1369 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 04-06-2014
• 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 ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.4081/MUM/2014 ASSESSMENT YEARS: 2009-10 INCOME TAX OFFICER (EXEMPTION-I)-1, ROOM NO.505, PIRAMAL CHAMBERS, LAL BAUG, PAREL, MUMBAI-400012 / VS. M/S BHANDUP EDUCATIONAL SOCIETY, SOCIETY BUILDING, OPP. BHANDUP RAILWAY STATION, BHANDUP (E), MUMBAI-400042 ( / REVENUE) ( ! ' /ASSESSEE) PAN. NO. AAATB3385M ! ' / ASSESSEE BY NONE / REVENUE BY SHRI SUMAN KUMAR-DR # $ % ' & / DATE OF HEARING : 22/12/2016 % ' & / DATE OF ORDER: 22/12/2016 ITA NO.4081/MUM/2014 M/S BHANDUP EDUCATION SOCIETY, 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DAT ED 25/03/2014 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESENT FOR THE ASSESSEE IN SPITE OF ISSUANCE OF REGISTERED AD NOTICE. HOWEVER, AT THE OUTSET, LD. DR, SHRI SUMAN KUMAR, F AIRLY BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THE PR ESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH, F OR FILING THE APPEAL BEFORE THIS TRIBUNAL. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPE AL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEA L BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPE AL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS 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/ - ITA NO.4081/MUM/2014 M/S BHANDUP EDUCATION SOCIETY, 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 22/12/2016. SD/- SD/- ( ASHWANI TANEJA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER # $ MUMBAI; ' DATED :22/12/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. )*+, / THE APPELLANT 2. -.+, / THE RESPONDENT. 3. / / # 0' ( )* ) / THE CIT, MUMBAI. 4. / / # 0' / CIT(A)- , MUMBAI 5. 23 -' , / )*& ) 4 , # $ / DR, ITAT, MUMBAI 6. 5 6$ / GUARD FILE. / BY ORDER, .2*' -' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , # $ / ITAT, MUMBAI