DCIT 10(1), MUMBAI V. BHANDARY CONDUCTORS P. LTD, MUMBAI

ITA 4779/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3806 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 16-04-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 20-06-2013
• Court: TRIBUNAL
• Department Lawyers: T A KHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE S/SHRI B.R. BASKARAN (AM) & AMIT SHUKLA (JM) I.T.A. NO. 4779 /MUM/ 2013 (ASSESSMENT YEAR 2005 - 06 ) DCIT - 10(1) ROOM NO. 455 AAYAKAR BHAVAN M.K. ROAD NEW MARINE LINES MUMBAI - 400 020. VS. M/S. BH ANDARY CONDUCTORS P. LTD. B - 101, PRATHAMESH TOWER MMGS MARG , NAIGAON DADAR (EAST) MUMBAI - 400 019. ( APPELLANT ) ( RESPONDENT ) PAN NO. AAACB0684N ASSESSEE BY NONE DEPARTMENT BY SHRI T.A. KHAN DATE OF HEARING 3 .5 . 201 6 DATE OF PRONOUNCEMENT 3 . 5 . 201 6 O R D E R PER B.R. BASKARAN, A M : - THE APPEAL IS FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 1.4.2013 PASSED BY LEARNED CIT(A) - 21, MUMBAI FOR A.Y. 2005 - 06 RELATING TO PENALTY OF RS. 8,04,834/ - U/S. 271(1)(C) OF THE I.T. ACT. 2. A T THE TIME OF HEARING LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 10 LAKHS AND HENCE THE REVENUE IS PRECLUDED FROM PURSING THIS APPEAL AS PER CIRCULAR NO. 21/2015, DATED 10 TH DECEMBER, 20 15 ISSUED BY CBDT. 3. IN VIEW OF THE SAME, WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE AS NOT MAINTAINABLE IN VIEW OF THE CIRCULAR OF CBDT REFERRED ABOVE. ORDER HAS BEEN PRONOU NCED IN THE OPEN COURT ON 3 .5 .2016 . (AMIT SHUKLA ) (B.R.B ASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 3 / 5 /20 1 6 2 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD F ILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS