ASST CIT 16(2), MUMBAI V. THANEE HEIGHTS CO OP HSG SOC. LTD, MUMBAI

ITA 4536/MUM/2014

• Counselvise Citation: 453619914 RSA 2014
• Duration Of Justice: 1 year(s) 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 02-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK OJHA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI JASON P. BOAZ (AM) AND SHRI RAM LAL NEG I (JM) ITA NO. 4536 /MUM/2014 ASSESSMENT YEAR: 2010-11 THE ASST.CIT - 16(2) , 2 ND FLOOR, MATRU MANDIR, TARDEO ROAD, MUMBAI- 400007. VS. THANE HEIGHTS CO - OP HSG. SOC . LTD. D BUILDING, PETIT HALL, 66, NAPEAN SEA ROAD, MUMBAI PAN- AAAAT6303N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. VIVEK OJHA RESPONDENT BY : SHRI. ANUJ KISNADWALA DATE OF HEARING: 07/01/2016 DATE OF PRONOUNCEMENT: 07/01/2016 O R D E R PER RAM LAL NEGI, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REV ENUE AGAINST IMPUGNED ORDER DATED 01/04/2014 PASSED BY THE CIT( A)-27, MUMBAI IN RESPECT OF THE ORDER OF ASSESSMENT PASSED U/S 14 3(3) FOR THE ASSESSMENT YEAR 2010-11, ON THE FOLLOWING GROUNDS:- 1) 'WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW, THE LD.CIT(A) IS RIGHT IN CONCLUDING TH AT THE PRINCIPLE OF MUTUALITY WOULD APPLY TO THE COLLECTIO NS MADE FROM MEMBERS AS NON-OCCUPANCY CHARGES. WHEREAS, THE FACT IS THAT ALL PARTICIPANTS TO THE NON-OCCUPANCY COMMON FUND ARE NOT CONTRIBUTORS TO THE NON-OCCUPANCY COMMON FUND WHICH THUS DEFIES THE PRINCIPLE OF MUTUALITY. 2 ITA NO. 4536 /MUM/2014 ASSESSMENT YEAR: 2010-11 2) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW, THE LD. CIT(A) IS RIGHT IN DELETING THE AMOUNT OF RS.87,625/- ON ACCOUNT OF CAR PARKING CHARGES. 3) THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER ANY GROUNDS OR ADD A NEW GROUND WHICH MAY BE NECESSARY. 2. AT THE OUTSET, IT IS NOTICED THAT, THE DISPUTE D ISSUE IS ONLY FOR RS. 8,84,010/- AND THE TAX EFFECT ON THIS AMOUNT IS MUCH BELOW THE SPECIFIED MONETARY LIMIT OF RS. 10 LAKHS. AS PE R THE LATEST CBDT CIRCULAR NO. 21 OF 2015, DATED 10 TH DECEMBER, 2015, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT HAS BEEN ISSUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT RS. 10 LAKHS. IN TH E SAID CIRCULAR, IT HAS BEEN SPECIFICALLY CLARIFIED THAT THE SAID IN STRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS. ACCORDI NGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DIS MISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH JANUARY, 2016 SD/- SD/- ( JASON P. BOAZ ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 07/01/2016 3 ITA NO. 4536 /MUM/2014 ASSESSMENT YEAR: 2010-11 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. '#$ % , %' , / DR, ITAT, MUMBAI 6. $() * / GUARD FILE. + + + + / BY ORDER, + //TRUE COPY// , ,, ,/ // /+- . +- . +- . +- . (DY./ASSTT. REGISTRAR) %' %' %' %', , , , / ITAT, M PRAMILA