DCIT CC 40, MUMBAI V. LATA MANOJ JAIN, MUMBAI

ITA 4882/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1594 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 09-04-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 25-06-2013
• Court: TRIBUNAL
• Department Lawyers: R P MEENA
• Assessee Lawyers: MANISH SANGHVI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI ASHWANI TANEJA (ACCOUNTANT MEMBER) I.T.A. NO.4882/MUM/2013 (ASSESSMENT YEAR: 2005-06) DY.CIT, CENT.CIR.40, MUMBAI VS SMT. LATA MANOJ JAIN 118/120, 3 RD FLOOR, ASHOK HOUSE, ZAVERI BAZAR, NEAR MUMBADEVI TEMPLE MUMBAI-2 PAN : AAKPJ3159R (APPELLANT) (RESPONDENT) APPELLANT BY SHRI R.P. MEENA RESPONDENT BY SHRI MANISH SANGHVI DATE OF HEARING : 07-12-2016 DATE OF ORDER : 15-12-2016 O R D E R PER ASHWANI TANEJA, AM: DURING THE COURSE OF HEARING IT WAS POINTED OUT BY THE LD. COUNSEL OF THE ASSESSEE THAT TAX EFFECT IN THIS CASE IS LESS T HAN RS.10 LACS. THEREFORE, APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CIRCULAR OF THE CBDT NO.21 OF 2015 DATED 10-12-2015. 2. PER CONTRA, LD. DR ENDORSED THE SUBMISSIONS OF THE ASSESSEE. 3. WE FIND THAT TAX EFFECT IN THIS CASE IS LESS THAN R S.10 LACS. THEREFORE, APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. T HUS, THE PRESENT APPEAL 2 I.T.A. NO.4882/MUM/2013 IS DISMISSED AS WITHDRAWN. OUR ORDER SHALL HAVE NO BEARING ON THE MERITS OF THE CASE. 4. AS A RESULT APPEAL IS HEREBY DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE CONCL USION OF THE HEARING. SD/- SD/- (MAHAVIR SINGH) (ASHWANI TANEJA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : 15 TH DECEMBER, 2016 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE , A-BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES