ITO 23(2)(4), MUMBAI V. KANJI DEVA PATEL, MUMBAI

ITA 4877/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3611 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-04-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 25-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARJU GARODIA
• Assessee Lawyers: SUBODH RATNAPARAKHI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , A M AND SHRI PAWAN SINGH, JM ./ I.T.A. NO. 4877/MUM/2013 ( / ASSESSMENT YEAR: 2005 - 06 ) ITO - 23(2)(4 ), R. NO. 205, C - 10, 2 ND FLOOR, BKC, BANDRA (E), MUMBAI - 51 / VS. KANJI DEVA PATEL K - 504, 2 ND VARDHAMAN NAGAR, DR. R. P. NAGAR, MULUND (W), MUMBAI - 400 080 ./ ./ PAN/GIR NO. AABPP 5092 N ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : MS. ARJU GARODIA / RESPONDENT BY : SHRI SUBODH RATNAPARAKHI / DATE OF HEARING : 17.05.2016 / DATE OF PRONOUNCEMENT : 17.05.2016 / O R D E R P ER 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) DATED 03.4.2013 , ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) OF THE INC OME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2005 - 06 VIDE ORDER DATED 26.12.2007. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, SHRI SUBODH RATNAPARAKHI , THAT THE TAX EFFECT OF THE REVENUES 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 2 ITA NO. 4877/MUM/2013 (A.Y. 2005 - 06) ITO VS. KANJI DEVA PATEL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE INSTANT APPEAL BEING WELL BELOW RS.10 LACS, THE CLAIM UNDER DISPUTE - SINCE ALLOWED BY THE LD. CIT(A), BEING FOR RS .11.63 LACS, THE TAX ON THE ASSESSED INCOME (RS.15.34 LAC S) ITSELF BEING RS.3.75 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, WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT RS.10 LACS FOR THE APPELLATE TRIBUNAL, I.E., FOR APPEALS PREFERRED BY THE REVENUE. 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 MA Y 17, 201 6 SD/ - SD/ - ( PAWAN SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 17 . 0 5 .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