ASST CIT CEN CIR 18 & 19, MUMBAI V. MARK G SALDANHA, MUMBAI

ITA 4682/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3974 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-03-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 12-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUKRISHNA AGARWAL
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.4682/MUM/2012 ASSESSMENT YEARS: 2009-10 ACIT, CENTRAL CIRCLE-18 & 19, ROOM NO.401, 4 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 / VS. SHRI MARK G. SALDANHA, C-121, SILVA CONDOR, PLOT NO.11, PAUL ROAD, BANDRA (WEST), MUMBAI-400051 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO. AHAPS0915M % & ' $ ( / DATE OF HEARING : 16/02/2016 ' $ ( / DATE OF ORDER: 16/02/2016 ! / REVENUE BY SMT. ANUKRISHNA AGARWAL !'# $ ! / ASSESSEE BY NONE M/S NEXT SERVICES HEALTHCARE SOURCING SOLUTIONS PVT. LTD. ITA NO.58/MUM/2014 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 24/05/2012, OF THE LD. FIRST APPELLATE AUTHORITY, M UMBAI. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESEN T ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT WAS BROU GHT TO OUR NOTICE THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS CONSENTED TO BE CORRECT BY THE LD. DR, SMT. ANUKRISHNA AGARWA L. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS AND PERUSE D THE MATERIAL AVAILABLE ON RECORD. IT IS NOTED THAT THE TOTAL TAX EFFECT IN THE PRESENT APPEAL IS RS.5,06,510/-, WHIC H IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEA L BEFORE THE TRIBUNAL. 2.2. IN VIEW OF THE FACT, THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EF FECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY TH E BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFEC T DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00 ,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - M/S NEXT SERVICES HEALTHCARE SOURCING SOLUTIONS PVT. LTD. ITA NO.58/MUM/2014 3 AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY L IMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRI BUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/- , CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAIN TAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR AND THE AFOREMENTIONED CIRCULAR NO. 21 OF 2015, DAT ED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), OF CBDT , THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 16/02/2016. SD/- SD/- ( SANJAY ARORA ) (JOGINDER SINGH) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER % & MUMBAI; ) DATED : 16/02/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 % 1$ ( + ) / THE CIT, MUMBAI. 4. 0 0 % 1$ / CIT(A)- , MUMBAI 5. 34 .$ ! , 0 +( ! 5 , % & / DR, ITAT, MUMBAI 6. ' 7& / GUARD FILE. ! / BY ORDER, /3+$ .$ //TRUE COPY// /! (DY./ASSTT. REGISTRAR) , % & / ITAT, MUMBAI