ITO 32(3)(3), MUMBAI V. SAMIT RANJIT JAIN, MUMBAI

ITA 4666/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3303 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 14-08-2015
• Court: TRIBUNAL
• Department Lawyers: A RAJHANS
• Assessee Lawyers: TEJASWINI GHAG
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.4666/MUM/2015 ASSESSMENT YEAR: 2010-11 INCOME TAX OFFICER-32(3)(3), ROOM NO.105, 1 ST FLOOR, BLDG. NO. C-11, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400051 / VS. SHRI SAMIT RANJIT JAIN, FLAT NO.433, I-WING, EARTH RESIDENCY, D.N. DUBEY ROAD, AMBAWADI, DAHISAR (EAST), MUMBAI-400068 / REVENUE / ASSESSEE P.A. NO . ABOPJ6104B $ % & / REVENUE BY SHRI A. RAJHANS -DR $ % & / ASSESSEE BY SHRI MILIN DATTANI & TEJASWINI GHAG / DATE OF HEARING 30/08/2016 & / DATE OF ORDER: 31/08/2016 ITA NO.4666/MUM/2015 SAMIT RANJAN JAIN 2 & / O R D E R THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 16/06/2015 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI. 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, SHRI MILIN DATTANI ALONG WITH TEJASWINI GHAG, LD. C OUNSEL FOR THE ASSESSEE, CONTENDED THAT IN THE PRESENT APP EAL, THE TOTAL ADDITION IS RS.26,55,029/- AND CONSEQUENTIAL TAX EFFECT COMES TO RS.9,46,211/-, WHICH IS BELOW PRESC RIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI A. RAJHANS, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTI ON 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 TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMIT.:- ITA NO.4666/MUM/2015 SAMIT RANJAN JAIN 3 SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE H IGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPE AL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMIS SED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN IN T HE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 30/08/2015. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 31/08/2016 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * / THE CIT, MUMBAI. 4. ) ) * / CIT- , MUMBAI 5. +,- ' , ) '#$ ' / , / DR, ITAT, MUMBAI 6. -0 1$ / GUARD FILE. & / BY ORDER, (+# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI