DY.CIT., CENTRAL CIR. 23, MUMBAI V. BINDU OBEROI, MUMBAI

ITA 4439/MUM/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4206 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-07-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 02-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N P SINGH
• Assessee Lawyers: R MURLIDHAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENC H MUMBAI BEFORE SHRI B.R.BASKARAN, AM & SHRI PAWAN SIN GH, JM ITA NO.4439/MUM /2011 (ASSESSMENT YEAR : 2005-06) ACIT, CC-23, ROOM NO. 409, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400020. VS. SMT. BINDU OBEROI, INTERNATIONAL BUSINESS PARK, OBEROI GARDEN CITY, OFF W.E. HIGHWAY, GOREGAON (EAST), MUMBAI-400063. PAN/GIR NO.: AAAPO7811P ( APPELL ANT ) .. ( RESPONDENT ) REVENUE BY : SHRI N.P. SINGH (DR) ASSESSEE BY : SHRI R. MURLIDHAR DATE OF HEARING : 09/02/2016 DATE OF PRONOUNCEMENT: 09 /02/2016 O R D E R PER PAWAN SINGH, JM: THE ABOVE APPEAL IS FILED BY THE REVENUE AGAINST TH E ORDER OF CIT(A)-40, MUMBAI DATED 07.03.2011 IN RESPECT OF ASSESSMENT YE AR (AY)-2005-06. THE ONLY GROUND RAISED BY THE REVENUE IN THE PRESENT APPEAL IS THAT THE CIT(A) ERRED IN DELETING THE ADDITION OF RS. 12,31,765/- AS UNEXPLAINED PROF ESSIONAL RECEIPT. 2. WE HAVE NOTICED THAT TAX EFFECT IN THE PRESENT A PPEAL IS INVOLVED IN THE ABOVE REFERRED CASE IS BELOW THE MONETARY LIMIT (RS.10,00 ,000/-) PRESCRIBED BY THE CENTRAL BOARD OF DIRECTOR TAXES(CBDT), VIDE ITS CIRCULAR NO .21/2015(F.NO.142/2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015. WHEREIN THE DEPARTMENTAL REPRESENT ATIVE (DR) OF THE REVENUE HAS ARGUED THAT THE ASSESSMENT ORDER WAS PA SSED BY AO, U/S. 153 R.W.S. 143(3) OF THE I.T. ACT AND THE LATEST CIRCULAR MAY NOT BE APPLICABLE AGAINST THE DEPARTMENT IN THE PRESENT APPEAL. 3. WE HAVE PERUSED THE CIRCULAR NO.21/2015(F.NO.142 /2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015, WHEREIN EXCEPTION ARE PROVIDED IN P ARAGRAPH NO.8 OF THE CIRCULAR AND NO SUCH EXCEPTION FIND PLACE IN THE SAID PARAGRAPH, HENCE, THE OBJECTION RAISED BY DR HAS NO FORCE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED B EING NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 09/0 2/2016. SD/- SD/- (B.R.BASKARAN) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED : 09/02/2016 ITA NO.4439/M/11 SMT. BINDU OBEROI 2 SK, PS/ JV, SPS COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. 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/