ITO 16(2)(4), MUMBAI V. BANOO R. BATLIBOI, MUMBAI

ITA 4160/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1376 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 06-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMA PRIYA RAGHAVANDR
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, B MUMBAI , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAM IT KOCHAR, ACCOUNTANT MEMBER ITA NO.4160/MUM/2014 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER-16(2)(4), 02 ND FLOOR, MATRU MANDIR, TARDEO ROAD, MUMBAI-400007 / VS. SMT. BANOO R. BATLIBOI, 1 ST FLOOR, RAJMAHAL, 33, ALTAMOUNT ROAD, KEMPS CORNER, MUMBAI ( / REVENUE) ( ! ' /ASSESSEE) PAN. NO.AAJPB7757L # $ % ' & / DATE OF HEARING : 28/12/2016 % ' & / DATE OF ORDER: 28/12/2016 !' / REVENUE BY MS. RAMA PRIYA RAGHAVAN-DR ! ' !' / ASSESSEE BY SHRI KISHOR CHAUDHARI ITA NO. 4160/MUM/2014 SMT. BANOO R. BATLIBOI 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 28/03/2014 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI, ON THE GROUNDS STATED IN THE GROUNDS OF APP EAL. 2. DURING HEARING OF THIS APPEAL, SHRI KISHOR CHAUD HARI, LD. COUNSEL FOR THE ASSESSEE, CONTENDED THAT IN THE PRESENT APPEAL, THE TOTAL TAX EFFECT IS BELOW PRESCRIBED MO NETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE TH IS TRIBUNAL. THE LD. DR, MS. RAMA PRIYA RAGHAVAN, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTI ON NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC. /142/2007-IT(PT), APPLICABLE WITH RETROSPECTIVE EFF ECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY TH E BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING 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 COUR T 25,00,000/ - ITA NO. 4160/MUM/2014 SMT. BANOO R. BATLIBOI 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. REPRESENTATIVES OF BOTH SIDES AT TH E CONCLUSION OF THE HEARING ON 28/12/2016. SD/- SD/- ( RAMIT KOCHAR ) (JOGINDER SINGH) #'$ / ACCOUNTANT MEMBER %'$ /JUDICIAL MEMBER # $ MUMBAI; ' DATED : 28/12/2016 F{X~{T? P.S / /. . . &%'()*)+' / COPY OF THE ORDER FORWARDED TO : 1. )*+, / THE APPELLANT (RESPECTIVE ASSESSEE) 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