INCOME TAX OFFICER 21(2)(2), MUMBAI V. MADHURI A LOKAPUR, MUMBAI

ITA 4398/MUM/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4470 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2013-2014
• Appeal Filed On: 05-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARSH AGRAWAL
• Assessee Lawyers: CHAITANYA ANJANA
• Keywords: Tax effect

Judgement Text

P A G E | 1 ITA NO. 4398/MUM/2018 A.Y. 2013 - 14 ITO - 21(2)(2) VS. MADHURI A. LO KAPUR IN THE INCOME TAX APPELLATE TRIBUNAL ' D ' BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 4398/MUM/2018 (ASSESSMENT YEAR: 2013 - 14 ) ITO - 21(2)(2) ROOM NO. 111, 1 ST FLOOR, PIRAMAL CHAMBERS PAREL, MUMBAI - 400 012 VS. MADHURI A. LO KAPUR, 4 , VINAY KUNJ, M.B. RAUT ROAD, SHIVAJI PARK, MUMBAI - 28 PAN ABDPL0293N APPELLANT RESPONDENT APPELLANT BY: SHRI HARSH AGRAWAL, D .R RESPONDENT BY: SHRI CHAITANYA ANJANA, A.R DATE OF HEARING: 25 .10 .2018 DATE OF PRONOUNCEMENT: 2 5 . 10 .2018 O R D E R PER RAVISH SOOD, JM T HE CAPTIONED APPEAL FILED BY THE REVENUE PE RTAINING TO ASSESSMENT YEAR 2013 - 14 IS DIRECTED AGAINS T THE ORDER PASSED BY CIT(A) - 33 , MUMBAI, DATED 24.04.2018 , WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SEC.271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), DATED 29.09.2016 . 2. ON A PERUSAL OF THE RECORD, IT STANDS REVEALED THAT THE TAX EFFEC T INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LACS. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR S HORT D.R) ON BEING CONFRONTED ADMITTED THE SAID FACTUAL POSITION. 3. WE FIND THAT THE CBDT VIDE ITS CIRCULAR NO.03/2018, DATED 11/07/2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS ADMITTEDLY BELOW T HE MONETARY LIMIT OF P A G E | 2 ITA NO. 4398/MUM/2018 A.Y. 2013 - 14 ITO - 21(2)(2) VS. MADHURI A. LO KAPUR RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018, THEREFORE, THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 5 . 10 .2018 S D / - S D / - ( SHAMIM YAHYA ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 25.10.2018 PS. ROHIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 ITA NO. 4398/MUM/2018 A.Y. 2013 - 14 ITO - 21(2)(2) VS. MADHURI A. LO KAPUR