ITO 20(2)(2), MUMBAI V. MOHAMMED RAZA H. MUKHI, MUMBAI

ITA 4827/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3167 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 27-08-2015
• Court: TRIBUNAL
• Department Lawyers: A RAJHANS
• Assessee Lawyers: R B POPAT
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.4827/MUM/2015 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER, WARD-20(2)(2), ROOM NO.212, PIRAMAL CHAMBER, LALBAUG, MUMBAI-400012 / VS. MOHAMMED RAZA H. MUKHI, 22A, MAULANA AZAD ROAD, KHARWA GALLI, MUMBAI-400008 / REVENUE / ASSESSEE P.A. NO . AOEPM7208L $ % / REVENUE BY SHRI A. RAJHANS -DR $ % / ASSESSEE BY SHRI R.B. POPAT / DATE OF HEARING 01/09/2016 / DATE OF ORDER: 01/09/2016 / O R D E R THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 01/06/2015 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI. ITA NO.4827/MUM/2015 MOHAMMED RAZA H. MUKHI 2 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, SHRI R.B. POPAT, LD. COUNSEL FOR THE ASSESSEE, CONT ENDED THAT IN THE PRESENT APPEAL, THE TAX EFFECT IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI A. RA JHANS, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTI ON NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING 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/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPE AL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMIS SED. ITA NO.4827/MUM/2015 MOHAMMED RAZA H. MUKHI 3 FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN IN T HE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 01/09/2015. SD/- (JOGINDER SINGH ) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 01/09/2016 F{X~{T? P.S / ! $ )!*+ ,+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * / THE CIT, MUMBAI. 4. ) ) * / CIT- , MUMBAI 5. +,- ' , ) '#$ ' / , / DR, ITAT, MUMBAI 6. -0 1$ / GUARD FILE. / BY ORDER, (+# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI