Appeal details
Counselvise Citation
[2015] 134 COUNSELVISE.COM (IT) 1795 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 6 month(s) 4 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
31-12-2015
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
F
Assessment Year
2008-2009
Appeal Filed On
26-06-2014
Judgement Text
F IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 4452 /MUM/2014 ( / ASSESSMENT YEAR : 2007-08) ./ I.T.A. NO. 4453 /MUM/2014 ( / ASSESSMENT YEAR : 2008-09) ./ I.T.A. NO. 4454 /MUM/2014 ( / ASSESSMENT YEAR : 2010-11) DCIT 2(3), ROOM NO. 552, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020. / V. M/S VAKIL & SONS PVT. LTD., 2 ND FLOOR, INDUSTRY MANOR, APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI- 400 025. ./ PAN : AAACV3591J ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY SHRI SANJEEV KASHYAP ASSESSEE BY : SHRI MIHIR SHAH / DATE OF HEARING : 31-12-2015 / DATE OF PRONOUNCEMENT : 31-12-2015 !' / O R D E R PER BENCH : THESE ARE BUNCH OF THREE APPEALS, ALL FILED BY THE REVENUE ARE DECIDED BY THIS COMMON ORDER AS THE APPEALS ARE DISPOSED OF BECAUSE THE TAX EFFECT IN EACH OF THE APPEALS IS LESS THAN RS. 10 LACS AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 279/MISC.142/2007-ITJ (PT) DATE D 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. ITA 4452 TO 4454/MUM/2014 2 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN EACH OF THESE THREE APPEAL IS LE SS THAN RS. 10 LACS. HE SUBMITTED THAT AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 279/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINIS TRY OF FINANCE, GOVERNMENT OF INDIA, NO APPEAL SHALL BE FILED BY TH E REVENUE IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT SPECIFIED IN PARA 3. PARA 3 OF THE CIRCULAR NO. 21/2015 S NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10,00,000/ - 2 BEFORE HIGH COURT 20,00,000/ - 3 BEFORE SUPREME COURT 25,00,000/ - IN THE SAID CIRCULAR VIDE PARA 10, IT IS STIPULATE D THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEAL S TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE S PECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. THE LD. D.R. FAIRLY CONCEDED THAT TAX EFFECT INV OLVED IN THIS APPEAL IS LESS THAN RS. 10 LACS AND THE CBDT CIRCULAR NO. 21/2015 IS APPLICABLE TO THIS APPEAL AND THE APPEAL IS NOT MAINTAINABLE. 3. KEEPING IN VIEW THE CBDT CIRCULAR NO. 21/2015 DA TED 10 TH DECEMBER, 2015 WHICH IS APPLICABLE FROM RETROSPECTIVE EFFECT AND IS ALSO APPLICABLE TO PENDING APPEALS AND ALSO IN VIEW OF DR STATING BEFO RE US THAT THESE APPEALS ARE NOW NOT MAINTAINABLE/NOT PRESSED IN VIEW OF THE ABOVE CBDT CIRCULAR, WE HOLD THAT THESE THREE APPEALS FILED BY THE REVENUE WHICH ARE COVERED BY THIS ITA 4452 TO 4454/MUM/2014 3 ORDER INVOLVING TAX EFFECT LESS THAN RS. 10 LACS AR E NOT MAINTAINABLE AND ARE DISMISSED BEING NOT PRESSED. HOWEVER, THE REVENUE I S AT LIBERTY TO FILE AN APPLICATION FOR RECALL OF THESE APPEALS IN ACCORDAN CE WITH LAW, IF AT ANY STAGE IT IS FOUND THAT TAX EFFECT IS MORE THAN RS 10 LACS OR THE REVENUE WANTS TO AGITATE THE MATTER IN ACCORDANCE WITH THE PROVISION S/CLAUSES AS CONTAINED IN THE AFORE-STATED CIRCULAR. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THE ABOVE THREE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DECEMBER, 2015. !' # $% &! ' 31-12-2015 ( ) SD/- SD/;- (SANJAY GARG) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ 8 MUMBAI ; &! DATED 31-12-2015 [ .9../ R.K. R.K. R.K. R.K. , EX. SR. PS ! '#$% &%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. : ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. : / CIT- CONCERNED, MUMBAI 5. =>( 99?@ , ?@ , $ 8 / DR, ITAT, MUMBAI H BENCH 6. (BC D / GUARD FILE. ' / BY ORDER, = 9 //TRUE COPY// (/') * ( DY./ASSTT. REGISTRAR) , $ 8 / ITAT, MUMBAI
