ITO 20(1)(4), MUMBAI V. FARIDA M.SHAMA, MUMBAI

ITA 4085/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3537 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 30-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K L KANAK
• Assessee Lawyers: MORLON REGO
• Keywords: Tax effect
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SM C BENCH , MUMBAI BEFORE SRI MAHAVIR SINGH, J UDICIAL MEMBER ITA NO. 4085/MUM/2015 (A.Y.: 2007 - 08 ) THE INCOME TAX OFFICER - 20(1) (4), 1 ST FLOOR, ROOM NO.112, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI 12 [ERSTWHILE IT O 17 (1) (4)] VS. SMT. FARIDA M. SHAMA, B - 701, 7 TH FLOOR, FATHIMA APARTMENT, 109, NORLAND ROAD, MUMBAI 400 008 PAN: AAOPS 6804Q APPELLANT .. RESPONDENT APPELLANT BY .. SHRI K. L. KANAK, SR. DR RESPONDENT BY .. SHRI MORLON REGO, AR DATE OF HEARING .. 17 - 08 - 2016 DATE OF PRONOUNCEMENT .. 17 - 08 - 2016 O R D E R PER MAHAVIR SINGH , JM : THIS APPEAL BY THE REVENUE IS ARISING OUT OF ORDER OF CIT (OSD) (A) - 32, MUMBAI IN APPEAL NO. CIT (A) - 32/IT - 79/17(3) (2 )/2014 - 15 DATED 28 - 04 - 2015. ASSESS MENT WAS FRAM ED BY ITO - 17(3) (2 ), MUMBAI FOR THE ASSESSMENT YEAR 2007 - 08 U/S 143(3) R. W. S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORDER DATED 18 - 03 - 2014. 2. AT THE OUTSET, IT IS SEEN THAT ASSESSED IN COME IN THIS REVENUES APPEAL IS RS.20,34,460/ - AND NET TAX DEMAND IS RS. 6,24,772/ - . HENCE, NET TAX EFFECT IN THIS APPEAL OF REVENUE ON THE DISPUTED ADDITIONS MADE BY AO A ND DELETED BY CIT (A), IS LESS THAN RS. 10 LACS. 3 . DURING THE COURSE OF HEARING BEFORE ME , T HE LEARN ED COUNSEL FOR THE ASSESSEE , POINTED OUT THAT IN THIS CASE, THE NET TAX DEMAND IS RS. 6,24,772/ - AND THUS, THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10.00 LAC S. THE LEARNED COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT IN VIEW OF THE CBDT CIRCULAR NO.21/2 015, DATED 10.12.2015 BROUGHT OUT BY THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THE APPEAL WAS NOT MAINTAINABLE AND BE DISMISSED. THE LEARNED SR. DR ALSO AGREED TO THE FACTS STATED ITA NO. 4085 /MUM/20 1 5 2 BY THE LEARNED COU NSEL FOR THE ASSESSEE BUT COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION PROVIDED IN THE CIRCULAR . 4 . I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. I FIND FROM THE RECORDS BEFORE ME THAT THE TAX INVOLVED I N THE DISPUTED ISSUE IS BELOW RS.10 LACS AND THER EFORE, IN VIEW OF THE CIRCULAR N O . 21/2015 DATED 10 TH DECEMBER, 2015 NO APPEAL SHOULD BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHICH HAS TAX EFFECT OF RS . 10.00 LACS OR LESS AND THIS CIRCULAR IS ALSO APPL ICABLE RETROSPECTIVELY TO ALL PENDING APPEALS. THE RELEVANT EXTRACT THE SAID CBDT CIRCULAR (SUPRA) IS AS UNDER: - THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BE LOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 5 . CONSIDERING THE ABOVE, THE APPEAL FILED BY THE REVENUE, IS THEREFORE , DISMISSED. 6 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT ON 18/08 / 201 6 . SD/ - (MAHAVIR SINGH) JUDICIAL MEMBER MUMBAI , DATED: 18 /8 / 201 6 LA KSHMIKANTA DEKA/SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ASSISTANT REGISTRAR ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT ( A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// ITA NO. 4085 /MUM/20 1 5 3 DATE INITIAL DICTATION PAD ATTACHED WITH THE DRAFT ORDER DIRECT ON COMPUTER 1. DRAFT DICTATED ON 17/8/16 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 18 /8/16 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER - JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. - 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON - SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.