ADDL CIT 9(1), MUMBAI V. BUSINESS MATCH SERVICES (I) P.LTD, MUMBAI

ITA 4698/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3698 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 13-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D PRABHAKAR REDDY
• Assessee Lawyers: RAVIKANT S PATH AK
• Keywords: Tax effect

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. 4698/MUM/2012 ( / ASSESSMENT YEAR: 2009 - 10 ) DY. CIT, RANGE 9(1), ROOM NO. 223, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 20 / VS. BUSINESS MATCH SERVICES (I) P. LTD. 2, NEPTUNE II, SMT. NARGIS DUTT RD., PALI HILL, BANDRA (W), MUM BAI - 400 050 ./ ./ PAN/GIR NO. AAACB 6129 N ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI D. PRABHAKAR REDDY / RESPONDENT BY : SHRI RAVIKANT S. PATHAK / DATE OF HEARING : 02.03.2016 DATE OF ORDER : 07 .03.2016 / 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) - 19 , MUMBAI (CIT(A) FOR SHORT) DA TED 24.5.2012 , PARTLY ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2009 - 10 VIDE ORDER DATED 05.12.2011 . 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY TH E LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, SHRI RAVIKANT S. PATHAK, THAT THE TAX EFFECT OF THE REVENUES 2 ITA NO. 4698/MUM/2012 (A.Y. 2009 - 10) DY. CIT VS. BUSINESS MATCH SERVICES (I) P. LTD. APPEAL IS BELOW RS.10 LACS, 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 - IT(PT)). THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE REVENUES APPEAL BEING AT RS .9,98,687/ - , I.E., IN AGREEMENT WITH THE SUM WORKE D OUT BY THE LD. AR. THE SAME IS ACCORDINGLY NOT MAINTAINABLE U/S. 268A OF THE ACT , REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD , WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT RS.10 LACS FOR THE A PPELLATE 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 MARCH 03 , 201 6 SD/ - SD/ - ( JOGINDER SIN GH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 07 . 03 .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