ITO 1(3)2, MUMBAI V. SHREE MADHU INDUSTRIAL ESTATE LTD, MUMBAI

ITA 4381/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3454 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 31-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IS DIRECTED AGAINS T PASSED
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI . . , , !' #$, % , & BEFORE SHRI B.R.BASKARAN, AM AND SHRI AMARJIT SINGH , JM / I.T.A. NO.4381/MUM/13 ( % ' (' / ASSESSMENT YEAR: 2009-10) INCOME TAX OFFICER 1(3)(2) ROOM NO.541, AAYAKAR BHAVAN, MUMBAI - 400020 / VS. M/S. SHREE MADHU INDUSTRIAL ESTATES LTD. SHREENIWAS HOUSE, 4 TH FLOOR, H.S.MARG, FORT, MUMBAI 400001. ./ ./ PAN/GIR NO. : AAACS6532J ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 07.04.2016 !' /DATE OF PRONOUNCEMENT: 18.05.2016 #$ / O R D E R PER AMARJIT SINGH, JM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER PASSED BY COMMISSIONER OF INCOME TAX (A) 2, MUMBAI DATED 28.03.2013 FOR THE ASSESSMENT YEAR 2009-10. 2. AT THE TIME OF HEARING, IT WAS POINTED OUT BY TH E PARTIES THAT THE TAX EFFECT INVOLVED IN THIS QUANTUM IN DISPUTE BY T HE REVENUE IS LESS ASSESSEE BY: SHRI NARAYAN ATAL DEPARTMENT BY: SHRI A.K.NAYAK ITA NO.4381/MUM/13 A.Y.2009-10 2 THAN RS.10 LAKHS. WE ALSO NOTICED FROM THE WORKING GIVEN BY THE ASSESSEE THAT THE QUANTUM IN DISPUTE IS RS.30,65,92 0/- AND THE EFFECT THEREIN IS LESS THAN RS.10 LAKHS. HENCE IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DATED 10.12.2015 THE REVENUE IS BARRED F ROM PURSUING THIS APPEAL. ACCORDINGLY, WE DISMISSED THIS APPEAL IN L IMINE. 5. IN RESULT THE APPEAL FILED BY THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MAY , 2016. SD/- SD/- (B.R.BASKARAN) (AMARJIT SINGH) # / ACCOUNTANT MEMBER %& # /JUDICIAL MEMBER ' ( MUMBAI; )# DATED : 18 TH MAY, 2016 MP MP MP MP * + ,%'#- .-(' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. * ( ) / THE CIT(A)- 4. * / CIT 5. -./ &&01 , 01' , ' ( / DR, ITAT, MUMBAI 6. /34 5 / GUARD FILE. * / BY ORDER, - & //TRUE COPY// //$ ! /(DY./ASSTT. REGISTRAR) , ' ( / ITAT, MUMBAI