ACIT 11(1), MUMBAI V. MOVIE WORLD STUDIO LTD, MUMBAI

ITA 4847/MUM/2011

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1435 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-04-2017
• Assessment Year: 2002-2003
• Appeal Filed On: 17-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA NOS.4847 TO 4749/MUM/2011 ASSESSMENT YEARS: 2002-03, 2003-04 & 2005-06 ACIT - 11(1), ROOM NO.439, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400020 / VS. M/S MOVIE WORLD STUDIO LTD H-102, ABHISHEK APARTMENTS, JUHU VERSOVA, LINK ROAD, ANDHERI (W), MUMBAI-400053 ( / REVENUE) ( ! ' /ASSESSEE) PA NO.:-AADCM2612C / REVENUE BY SHRI N.P.SINGH CIT-DR ! ' / ASSESSEE BY SHRI BALAKRISHNAN ' ( ) ' * / DATE OF HEARING : 06/04/2017 ) ' * / DATE OF ORDER: 06/04/2017 ITA NOS.4847 TO 4849/MUM/2011 M/S MOVIE WORLD STUDIO LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THIS BUNCH OF THREE APPEALS IS BY THE REVENUE AGAI NST THE IMPUGNED ORDERS ALL DATED 23/03/2011 OF THE LD. FIRST APPELLATE AUTHORITY, MUMBAI. 2. DURING HEARING OF THESE APPEALS, AT THE OUTSET, SHRI BALAKRISHNAN, LD. COUNSEL FOR THE ASSESSEE CON TENDED THAT IN THE RESPECTIVE APPEAL, THE TOTAL TAX EFFECT IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. CIT-DR, SHRI N.P.SING H, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE 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 RESPE CTIVE 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, WHERE IN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT T O FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT E XCEED 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/ - ITA NOS.4847 TO 4849/MUM/2011 M/S MOVIE WORLD STUDIO LTD. 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE, THEREFORE, DISMISSED . FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED A S NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 06/04/2017. SD/- SD/- ( RAMIT KOCHAR ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER ' ( MUMBAI; + DATED : 06/04/2017 F{X~{T? P.S / , %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. -./0 / THE APPELLANT 2. 12/0 / THE RESPONDENT. 3. 3 3 ' 4' ( -. ) / THE CIT, MUMBAI. 4. 3 3 ' 4' / CIT(A)- , MUMBAI 5. 56 1' , 3 -.* - 7 , ' ( / DR, ITAT, MUMBAI 6. 8 9( / GUARD FILE. / BY ORDER, 25.' 1' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ' ( / ITAT, MUMBAI,