DCIT 8(2)(OSD), MUMBAI V. KABRA EXTRUSIONS TECHNIK LTD, MUMBAI

ITA 4612/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3153 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 04-07-2014
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANDRAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER I.T.A. NO.4612/M/2014 (ASSESSMENT YEAR: 2011 - 201 2 ) DCIT (OSD) - 8(2), R.NO.218, 2 ND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 20. / VS. M/S. KABRA EXTRUSIONTECHNIK LTD, 31, SHAH INDUSTRIAL ESTATE, OFF. VEERA DESAI ROAD, ANDHERI (W), MUMBAI - 53. ./ PAN : AAACK4289L ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI A. RAMACHANDRAN / RESPONDENT BY : NONE / DATE OF HEARING : 01.09 .2016 / DATE OF PRONOUNCEMENT : 01.09.2016 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE REVENUE ON 4.7.2014 IS AGA INST THE ORDER OF THE CIT (A) - 17 , MUMBAI DATED 21.04.2014 FOR THE ASSESSMENT YEAR 2011 - 2012 . 2. BEFORE US, NONE APPEARED TO REPRESENT THE CASE OF THE ASSESSEE. CONSIDERING THE LOW TAX EFFECT INVOLVED IN THIS APPEAL, WE PROCEED TO ADJUDICATE THIS APPEAL WITH THE HELP OF THE LD DR. AFTER HEARING THE LD DR FOR THE REVENUE AND ON PERUSAL OF THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE RELEVANT MATERIAL PLACED BEFORE US, WE FIND, THE TAX EFFECT IN THIS CASE IS BELO W RS. 10 LAKHS. THEREFORE, THIS CASE IS COVERED BY THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 WHICH IS RELEVANT FOR THE PROPOSITION THAT THE APP EALS FILED BY THE REVENUE WITH A TAX EFFECT OF RS. 10 LAKHS AND BELOW ARE TO BE EITHER DISMISSED BY THE TRIBUNAL AS NOT MAINTAINABLE OR NOT PRESSED BY THE REVENUE. CONSIDERING THE SAME, THE PRESENT APPEAL FILED BY THE REVENUE IS REQUIRED TO BE DISMISSED S INCE, THE SAME ARE NOT MAINTAINABLE. WE ORDER ACCORDINGLY. 3 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. 2 ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST SEPTEMBER , 2016. S D / - S D / - ( SAKTIJIT DEY ) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 01.09 .2016 . . ./ OKK , SR. PS / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI