ITO 17(2)(2), MUMBAI V. SAMIR K. PATEL HUF, MUMBAI

ITA 4679/MUM/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 2212 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 18-11-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 09-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, M UMBAI BEFORE SHRI A.K. GARODIA, AM ITA 4679/MUM/2014 ASSESSMENT YEAR: 2005-06 THE ITO 20 (3) (2), ROOM NO. 612, 6 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI - 400012. / VS. SHRI. SAMIR K. PATEL (HUF), 55, 2 ND FLOOR, KILLOL KUNJ, BHAUDAJI CROSS ROAD, MATUNGA, MUMBAI - 40001 9 . ./ ./ PAN/GIR NO. AANHS9115H ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI. V.S. JADHAV / RESPONDENT BY : MS. AARTI SATHE / DATE OF HEARING : 22/12/2015 !'# / DATE OF PRONOUNCEMENT : 22/12/2015 / O R D E R PER A. K. GARODIA, A. M : THIS APPEAL IS FILED BY THE REVENUE AND IT IS DIRE CTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-29, M UMBAI (HEREINAFTER CALLED AS THE CIT(A) ) DT. 25/04/2014 FOR ASSESSMENT YEARS 2005-06. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AR OF THE ASSESSEE THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT IN THE LIGHT OF THE RECENT BOARD INSTRUCTION DT. 10/12/15 AS PER WHICH, IT IS SPECIFIED THAT THE REVENUE IS NOT SUPP OSED TO FILE ANY APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS. 10 LACS. ITA 4679/MUM/2014 ASSESSMENT YEAR: 2005-06 3. THEREAFTER, HE POINTED OUT THAT THIS INSTRUCTION AR E APPLICABLE TO PENDING APPEALS ALSO AS SPECIFIED IN THE INSTRUCTIO NS ITSELF. THEREAFTER, POINTED OUT IN THE PRESENT CASE, THE ASSESSED INCOM E IS BELOW RS. 10 LACS, AND THEREFORE, THE TAX EFFECT IS BOUND TO BE MUCH BELOW RS. 10 LACS. LD. DR OF THE REVENUE HAD NOTHING TO SAY. 2. I HAVE CONSIDERED THE FACTS OF THE PRESENT AND I FIND THAT IN VIEW OF THE RECENT BOARD INSTRUCTION DT. 10/12/2015, THIS A PPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFE CT SINCE IN THE PRESENT CASE, THE ASSESSED INCOME ITSELF IS BELOW R S. 10 LACS. THEREFORE, TAX EFFECT ON ACCOUNT OF RELIEF GRANTED BY THE LD. CIT(A) CANNOT BE MORE THAN RS. 10LACS. 3. HENCE, I HOLD THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 22ND DECEMBER , 2015 SD/- (A.K. GARODIA) / ACCOUNTANT MEMBER MUMBAI; ( DATED :22.12.2015 ITA 4679/MUM/2014 ASSESSMENT YEAR: 2005-06 3. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ) ( ) / THE CIT(A) 4. ) / CIT - CONCERNED 5. ,-. //01 , 01# , / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) !' #, / ITAT, MUMBAI PRAMILA