DCIT 1(1)(1), MUMBAI V. ALMET HEALTHCARE P.LTD, MUMBAI

ITA 4403/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1470 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 21-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR YADAV
• Assessee Lawyers: HARSHAL AGARWAL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JM AND SHRI RAJESH KUMAR , AM ./ I.T.A. NO 4403 AND 4404 / MUM/ 201 5 ( / ASSESSMENT YEA RS : 20 09 - 10 AND 2011 - 2012 ) DY. COMMISSIONER OF INCOME TAX, 1(1)(1), ROOM NO.579, AAYAKAR BHAVAN, M K ROAD, MUMBAI - 400020 / VS. M/S ALMET HEALTH CARE, 19, RAJ MAHAL, 84, VEER NARIMAN ROAD, MUMBAI - 400020 APPELLANT RESPONDENT PAN: AAACS7170C / APPELLANT BY : SHRI RAJESH KUMAR YADAV /R ESPONDENT BY : SHRI HARSHAL AGARWAL / DATE OF HEARING : 4.4.2017 / DATE OF PRONOUNCEMENT : 4.4. 2017 / O R D E R PER RAJESH KUMAR, A. M: THE SE TWO APPEALS OF THE REVENUE ARE DIRECTED AGAINST THE TWO SEPARATE ORDERS DATED 18.3.2015 PASSED BY THE LD.CIT(A) - 2, MUMBAI. SINCE THESE APPEALS PERTAIN TO SAME ASSESSEE AND GROUND OF APPEAL RAISED THEREIN IS IDENTICAL AND THEREFORE THESE APPEAL S ARE CLUB BED TOGETHER, 2 ITA NO. 4403 AND 4404/MUM/2015 HEARD TOGETHER AND ARE BEING DECIDED BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFECT IN THE SE APPEALS OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SAME IS NOT MAINTAINABLE A S PER THE CBDT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING TH E TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 3. CONSID ERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT TH ESE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE AS THE TAX EFFECT IN TH ESE APPEAL S ARE BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL S OF THE REVENUE. 4. IN THE RESULT, THE APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4TH APRIL , 2017 SD SD ( SAKTIJIT DEY ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 4.4 . 2017 SRL,SR.PS 3 ITA NO. 4403 AND 4404/MUM/2015 / COPY OF THE ORDER FO RWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, TRUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI