ITO 15(2)(4), MUMBAI V. MOHAMMED IMRAN ANIS KHAN, MUMBAI

ITA 4892/MUM/2013

• Counselvise Citation: 489219914 RSA 2013
• Duration Of Justice: 1 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-04-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 26-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S J SINGHDR
• Assessee Lawyers: DR PRAYAG JHA
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI R.C.SHARMA, ACCOUNTANT MEMBER ITA NO.4892/MUM/2013 ASSESSMENT YEARS: 2003-04 INCOME TAX OFFICER-15,(2)(4), R. NO.111, MATRU MANDIR, MUMBAI-400007 / VS. SHRI MOHAMED IMRAN ANIS KHAN, 401/C, NOOR-E-JEHAN-II, PIPE ROAD, KURLA(W), MUMBAI-400070 ( / REVENUE) ( !'#$ /ASSESSEE) P.A. NO. AHVPK8654L / REVENUE BY SHRI S.J. SINGH-DR !'#$ / ASSESSEE BY DR. PRAYAG JHA % ! & ' $( / DATE OF HEARING 23/04/2015 ' $( / DATE OF ORDER: 23/04/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 09/04/2013 OF THE LD. FIRST APPELLATE AUTHORI TY, SHRI MOHAMED IMRAN ANIS KHAN . 2 MUMBAI, ON THE GROUNDS AS MENTIONED IN THE GROUNDS OF APPEAL. 2. AT THE TIME OF HEARING, LD. CIT-DR, SHRI S.J. SI NGH, ADVANCED HIS ARGUMENTS WHICH ARE IDENTICAL TO THE G ROUND RAISED. ON THE OTHER HAND, DR. PRAYAG JHA, LD. COU NSEL FOR THE ASSESSEE, AT THE OUTSET, CLAIMED THAT THE TAX EFFEC T IS RS.3,49,657/- (THE ASSESSEE FILED THE WORKING OF TH E TAX EFFECT) IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. IT WAS FAI RLY CONSENTED BY THE LD. CIT-DR THAT THE TAX EFFECT IN THE PRESEN T APPEAL IS BELOW PRESCRIBED MONETARY LIMIT. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND P ERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW OF THE F ACT THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIBED MONETA RY LIMIT AS CONTAINED IN CBDT INSTRUCTION NO.3/2011 DATED 09/02 /2011, FURTHER INSTRUCTION NO.5/2014 (F NO.279/MISC./142/2 007- IT(PT) DATED 10/07/2014. THE CBDT REVISED THE MONET ARY LIMIT FOR FILING THE APPEAL BEFORE VARIOUS AUTHORIT IES/COURTS AND ADVISED/DIRECTED THE DEPARTMENT NOT TO FILE APP EAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMITS, THE APPEALS OF THE REVENUE IS NOT MAINTAINABLE. THE REVISED MONETARY LIMIT IS AS UND ER:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE APPELLATE TRIBUNAL 4,00,000/ - 2. U/S 260 A BEFORE HIGH COURT 10,00,000/ - 3. BEFORE SUPREME COURT 25,00,000/ - SHRI MOHAMED IMRAN ANIS KHAN . 3 AS PER THE AFORESAID INSTRUCTION, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRIBUNAL, WHEREIN THE TAX EF FECT IS LESS THAN RS.4,00,000/-, CONSEQUENTLY, CONSIDERING THE D ECISION FROM THE HONBLE JURISDICTIONAL HIGH COURT IN THE C ASE OF PITHWA ENGINEERING WORKS (276 ITR 519) (BOM ) , THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE. THEREFORE, IN VIE W OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED AS NO T MAINTAINABLE. FINALLY THE APPEAL OF THE REVENUE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVE OF BOTH SIDES, AT TH E CONCLUSION OF HEARING ON 23/04/2015. SD/- SD/- ( R.C.SHARMA ) (JOGINDER SINGH) #$ / ACCOUNTANT MEMBER %$ / JUDICIAL MEMBER % & MUMBAI; *! DATED : 23/04/2015 F{X~{T? P.S/. !. . &%'()*)+' / COPY OF THE ORDER FORWARDED TO : 1. +,-. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. % 1$ ( +, ) / THE CIT, MUMBAI. P. % 1$ / CIT(A)- , MUMBAI 5. 3 4 /$!' , +,( +'5 , % & / DR, ITAT, MUMBAI 6. 6 7& / GUARD FILE. / BY ORDER, 03,$ /$ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % & / ITAT, MUMBAI