Appeal details
Counselvise Citation
[2016] 133 COUNSELVISE.COM (IT) 3271 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 2 month(s) 26 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
29-03-2016
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
08-09-2015
Assessment Year
2009-2010
Appeal Filed On
02-01-2013
Judgement Text
, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.45/MUM/2013 ASSESSMENT YEAR-2009-10 ACIT - 15(1 ), R. NO.104, 1 ST FLOOR, MATRU MANDIR TARDEO ROAD, MUMBAI-400007 / VS. M/S ATLANTIC CONSTRUCTION PLOT NO.176, ATLANTIC TOWER, R.B. MEHTA MARG, PAREL CHAWLS, GHATKOPAR (E), MUMBAI-400077 PAN NO. AAKFA2428A ( / REVENUE) ( / ASSESSEE) / REVENUE BY SHRI M. MURLI-DR / ASSESSEE BY MS. LOPA B. SHAH / DATE OF HEARING : 29/03/2016 / DATE OF ORDER: 29/03/2016 ITA NO.45/MUM/2013 M/S ATLANTIC CONSTRUCTION 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 03/10/2012 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI. 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, MS. LOPA B. SHAH, AT THE OUTSET, BROU GHT TO OUR NOTICE THAT THE TAX EFFECT IN THE PRESENT APPEA L IS BELOW PRESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI M. MURLI. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED, AS CANVASSED BY THE ASSESSEE AND AGREED BY THE LD. DR THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESC RIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL. THE CBDT ISSUED INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT T O FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT E XCEED THE FOLLOWING MONETARY LIMIT.:- ITA NO.45/MUM/2013 M/S ATLANTIC CONSTRUCTION 3 SINCE, THE TAX EFFECT IS BELOW PRESCRIBED MONETARY LIMIT, AS AGREED FROM BOTH SIDES, THE APPEAL OF TH E REVENUE IS NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 29/03/2016. SD/- SD/- (RAJENDRA) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER MUMBAI; # DATED : 29/03/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. %& '( / THE APPELLANT (RESPECTIVE ASSESSEE) 2. )* '( / THE RESPONDENT. 3. + + , ( %& ) / THE CIT, MUMBAI. 4. + + , / CIT(A)- , MUMBAI, 5. /01 )2 , + %& %23 , / DR, SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.45/MUM/2013 M/S ATLANTIC CONSTRUCTION 4 ITAT, MUMBAI 6. 14 5 / GUARD FILE. / BY ORDER, */& ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI
