MAHASUKHLAL L. SHETH, MUMBAI V. I.T.O. 14(2)(4), MUMBAI

ITA 4496/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4068 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 03-07-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NAVEEN GUPTA
• Assessee Lawyers: KESHAV B BHOSLE
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN, AM AND PAWAN SINGH, JM ./ I.T.A. NO . 3 987 / MUM/ 201 2 ( / ASSESSMENT YEA R : 200 2 - 03 ) INCOME TAX OFFICER WARD - 14(2)(4), EARNEST HOUSE, 3 RD FLOOR, NARIMAN POINT, MUMBAI - 400021 / VS. MAHASUKHLAL L SHETH 59/60/61, KRISHNA GALLI, SWADESHI MARKET KALBADEVI, MUMBAI - 400002 ( / APPELLANT ) .. ( / RESPONDENT ) CROSS - OBJECTION NO.123/MUM/2013 ARISING OUT OF ./ I.T.A. NO .3987/ MUM/ 2012 ( / ASSESSMENT YEA R : 2002 - 03 ) MAHASUKHLAL L SHETH 59, KRISHNA GALLI, SWADESHI MARKET KALBADEVI, MUMBAI - 400002 / VS. INCOME TAX OFFICER WARD - 14(2)(4), EARNEST H OUSE, 3 RD FLOOR, NARIMAN POINT, MUMBAI - 400021 ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO .3988/ MUM/ 2012 ( / ASSESSMENT YEA R : 2008 - 09 ) DY.COMMISSIONER OF INCOME TAX - 14(2), EARNEST HOUSE, 3 RD FLOO R, NARIMAN POINT, MUMBAI - 400021 / VS. MAHASUKHLAL L SHETH 59, KRISHNA GALLI, SWADESHI MARKET KALBADEVI, MUMBAI - 400002 ( / APPELLANT ) .. ( / RESPONDENT ) I.T.A. NO.3987/MUM/ 2012 AND OTHER FIVE CA SES. 2 ./ I.T.A. NO .3625/ MUM/ 2012 ( / ASSESSMENT YEA R : 2008 - 09 ) MAHASUKHLAL L SHETH 59, KRISHNA GALLI, SWADESHI MARKET KALBADEVI, MUMBAI - 400002 / VS. DY.COMMISSIONER OF INCOME TAX - 14(2), EARNEST HOUSE, 3 RD FLOOR, NARIMAN POINT, MUMBAI - 400021 ( / APPELLANT ) .. ( / RESPONDE NT ) ./ I.T.A. NO .4844/ MUM/ 2012 ( / ASSESSMENT YEA R : 2009 - 10 ) INCOME TAX OFFICER WARD - 14(2)(4), EARNEST HOUSE, 3 RD FLOOR, NARIMAN POINT, MUMBAI - 400021 / VS. MAHASUKHLAL L SHETH 59, KRISHNA GALLI, SWADESHI MARKET KALBAD EVI, MUMBAI - 400002 ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO .4496/ MUM/ 2012 ( / ASSESSMENT YEA R : 2009 - 10 ) MAHASUKHLAL L SHETH 59,60,61 KRISHNA GALLI, SWADESHI MARKET KALBADEVI, MUMBAI - 400002 / VS. INCOME TAX OFFICER - 14(2)(4), EARNEST HOUSE, 3 RD FLOOR, NARIMAN POINT, MUMBAI - 400021 ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN. : AAAFM2568D / REVENUE BY SHRI NAVEEN GUPTA / ASSESSEE BY SHRI KESHAV B BHOSLE / DATE OF HEARING : 21 .1 . 201 6 / DATE OF PRONOUNCEMENT: 3. 2 . 201 6 I.T.A. NO.3987/MUM/ 2012 AND OTHER FIVE CA SES. 3 / O R D E R P ER B ENCH : THESE CROSS - APPEALS AND THE C ROSS - OBJECTION ARE DIRECTED AGAINST THE SEPARATE ORDERS PASSED BY LEARNED CIT(A) - 25, MUMBAI FOR EACH OF THE ASSESSMENT YEARS, I.E., FOR ASSESSMENT YEARS 2002 - 03, 2008 - 09 AND 2009 - 10. 2. AT THE TIME OF HEARING, THE LD.AR SUBMITTED THAT THE TAX EFFECT INVOL VED IN THE APPEALS FILED BY THE REVENUE IS LESS THAN RS.10 LACS AND HENCE, THE REVENUE IS PRECLUDED FROM PURSUING THESE APPEALS IN VIEW OF THE CIRCULAR NO.21/2015 DATED 10.12.2015 ISSUED BY CBDT. 3. THE LD. AR FURTHER SUBMITTED THAT THE ASSESSEE WOUL D NOT PRESS THESE APPEALS AND CROSS - OBJECTION, IF THE APPEALS FILED BY THE REVENUE ARE DISMISSED BY FOLLOWING THE ABOVE SAID CIRCULAR. 4. THE LD. DR DID NOT OPPOSE THE SUBMISSIONS MADE BY THE LD.AR. 5. WE HAVE GONE THROUGH THE APPEALS FILED BY THE REVENU E AND NOTICE T HAT THE QUANTUM DISPUTED BY THE REVENUE IS AS GIVEN BELOW: ASSESSMENT YEAR AMOUNT IN DISPUTE(FOR QUANTUM APPEAL ) IN RS. 2002 - 03 4,30,626 2008 - 09 31,03,382 2009 - 10 12,71,993 SINCE, THE TAX EFFECT INVOLVED ON THE ABOVE SAID DISPUTED AMO UNT IS LESS THAN RS.10 LAKHS IN EACH OF THE ASSESSMENT YEARS , THE REVENUE IS PRECLUDED FROM PURSUING THESE APPEALS AS PER THE CIRCULAR NO.21/2015 DATED 10.12.2015 ISSUED BY CBDT. IT IS WELL SETTLED PROPOSITION THAT THE CIRCULARS ISSUED BY THE CBDT ARE BIND ING ON THE INCOME TAX AUTHORITIES AS PER THE DECISIONS RENDERED BY THE HONBLE SUPREME COURT IN THE CASE OF I.T.A. NO.3987/MUM/ 2012 AND OTHER FIVE CA SES. 4 AZADI BACHAO ANDOLAN (2003)(177 TAXATION 775) AND PRADIP J MEHTA VS. CIT (2008)(300 ITR 231). ACCORDINGLY, WE DISMISS THE APPEALS FILED BY THE REVE NUE. 6. SINCE THE ASSESSEE DID NOT PRESS THE APPEALS AS WELL AS CROSS - OBJECTION FILED BY IT , T HE Y ARE ALSO DISMISSED. 7 . IN THE RESULT, THE APPEAL S FILED BY THE REVENUE AS WELL AS THE APPEALS OF THE ASSESSEE AND CROSS - OBJECTION ARE DISMISSED. PR ONOUNCED ACCORDINGLY ON 3RD FEB. , 2 01 6 . 3RD FEB., 2 01 6 SD SD ( PAWAN SINGH ) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 3 RD FEB., 2 01 6 . . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLA NT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE C OPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI