ACIT 20(1), MUMBAI V. K.L. ABRAHAM, MUMBAI

ITA 4514/MUM/2010

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3154 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-11-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 01-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANDRAN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 4510 /MUM/2010 ( / ASSESSMENT YEAR : 2001-02) THE ASSISTANT COMMISSIONER OF INCOME TAX, ROOM NO. 603, 6 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI-400012 / V. SHRI ARCHIE ABRAHAM E-703/704,REMIBIZ COURT, OFF VEERA DESAI ROAD, ANDHERI(WEST), MUMBAI-400 053 ./ PAN : AAFPA5621A ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO. 4514 /MUM/2010 ( / ASSESSMENT YEAR : 2005-06) THE ASSISTANT COMMISSIONER OF INCOME TAX, ROOM NO. 603, 6 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI-400012 / V. SHRI K.L. ABRAHAM E-703/704,REMIBIZ COURT, OFF VEERA DESAI ROAD, ANDHERI(WEST), MUMBAI-400 053 ./ PAN : ACUPK9170F ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY MR. A.RAMACHANDRAN. DR ASSESSEE BY : NONE / DATE OF HEARING : 15-06-2016 / DATE OF PRONOUNCEMENT : 15-06-2016 / O R D E R PER RAMIT KOCHAR,ACCOUNTANT MEMBER : ITA 4510/MUM/2010 & 4514/MUM/2010 2 THESE TWO APPEALS FILED BY THE REVENUE IS DISPOSED OF BECAUSE THE TAX EFFECT IN THESE APPEALS ARE LESS THAN RS. 10 LACS A S 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 TA XES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. 2. THE LD. D.R. SUBMITTED THAT TAX EFFECT INVOLVED IN THESE TWO APPEALS ARE LESS THAN RS. 10 LACS AND THE CBDT CIRCULAR NO. 21/ 2015 IS APPLICABLE TO THESE APPEALS AND THESE APPEALS ARE NOT MAINTAINABL E/NOT PRESSED IN TERMS OF CBDT CIRCULAR NO 21/2015 DATED 10/12/2015. THE LD. DR SUBMITTED THAT AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 27 9/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT T AXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNM ENT OF INDIA, NO APPEAL SHALL BE FILED BY THE REVENUE IN RESPECT OF AN ASSE SSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMI T SPECIFIED IN PARA 3 OF THE CIRCULAR 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 MAY BE WITHDRAWN/NOT PRESSED. 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 ITA 4510/MUM/2010 & 4514/MUM/2010 3 PENDING APPEALS AND ALSO IN VIEW OF LD. DR STATING BEFORE US THAT THESE TWO APPEALS ARE NOW NOT MAINTAINABLE/NOT PRESSED IN VIE W OF THE ABOVE CBDT CIRCULAR, WE HOLD THAT THESE TWO APPEALS FILED BY T HE REVENUE WHICH ARE COVERED BY THIS ORDER INVOLVING TAX EFFECT LESS TH AN RS. 10 LACS ARE NOT MAINTAINABLE AND ARE DISMISSED BEING NOT PRESSED. HOWEVER, THE REVENUE IS AT LIBERTY TO FILE AN APPLICATION FOR RECALL OF THI S APPEAL IN ACCORDANCE WITH LAW, IF THE REVENUE WANTS TO AGITATE THE MATTER IN ACCOR DANCE WITH THE PROVISIONS/CLAUSES AS CONTAINED IN THE AFORE-STATED CIRCULAR. WE ORDER ACCORDINGLY. 4. IN THE RESULT, BOTH THESE APPEALS FILED BY THE R EVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JUNE 2016. # $% &' 15TH JUNE 2016 ( ) SD/- SD/- (MAHAVIR SINGH) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ MUMBAI ; & DATED 15 -06-2016 [ !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. 9 ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. 9 / CIT- CONCERNED, MUMBAI 5. <=( >>?@ , ?@ , $ / DR, ITAT, MUMBAI A BENCH 6. (BC D / GUARD FILE. / BY ORDER, < > //TRUE COPY// / ( DY./ASSTT. REGISTRAR) , $ / ITAT, MUMBAI