ACIT 10(2), MUMBAI V. MANU M. PARPIA, MUMBAI

ITA 4692/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3507 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 13-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D PRABHASKAR REDDY
• Assessee Lawyers: RAS NISHAR
• Keywords: Tax effect
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH , JM AND SHRI SANJAY ARORA , AM ./ I. T.A. NO. 4692 /MUM/201 2 ( / ASSESSMENT YEAR: 2009 - 10 ) ASST. CIT - 10(2), ROOM. NO. 432, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020. / VS. SH. MANU MAHMUD PARPIA, 72, TENERIFE, LITTLE GIBBS ROAD NO. 2, MALABAR HILL, MUMBAI 400 006. ./ ./ PAN/GIR NO. AACPP8377R ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI D PRABHASKAR REDDY / RESPONDENT BY : SHRI RAS NISHAR / DATE OF HEARING : 2 9 .2.2016 / DATE OF PRONOUNCEMENT : 2 9 .2.2016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 2 1 , MUMBAI (CIT(A) FOR SHORT) DATED 09 . 4 .201 2 , PARTLY ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) R/W S. 147 OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 200 9 - 1 0 VIDE ORDER DATED 11 .1 1 .20 11 . 2. AT THE VERY OUTSET, I T WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, SHRI RAS NISHAR (ADDUCING A WORKING OF THE TAX IMPACT OF THE 2 ITA NO. 6637/MUM/2011 (A.Y. 2006 - 07) ASST. CIT VS. MADHAVI G. GHURYE INSTANT APPEAL, SHOWING THE SAME AT RS. 4 , 92 ,88 6 / - ), THAT THE TAX EFFECT OF THE REVENUES APPEAL IS BELOW RS.10 L ACS, AND WHICH IS THEREFORE NOT MAINTAINABLE U/S. 268A OF THE ACT IN VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BOARD (INSTRUCTION NO. 21 OF 2015 DATED 10.12.2015 (F. NO. 279/MISC/142/2007 - ITJ(PT)). THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDE D TO THE SAID TAX EFFECT OF THE REVENUES APPEAL BEING BELOW RS.10 LACS. THE SAME ACCORDINGLY IS NOT MAINTAINABLE U/S. 268A OF THE ACT, REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD PER ITS CIRCULAR DATED 10.12.2015 (SUPRA), BEING AT RS.10 LACS FOR THE APPELLATE TRIBUNAL. THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON F EBRUAR Y 29 , 201 6 SD/ - SD/ - ( JOGINDER SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 2 9 . 02 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI