ITO WD 1(5), KALYAN V. GUARDEX FIRE SYSTEMS (I) P.LTD, KALYAN

ITA 5054/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3112 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 15-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B S BIST
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ./ I .T.A. NO. 5054 /MUM/201 5 ( / ASSESSMENT YEAR : 20 09 - 10 ) INCOME TAX OFFICER , WARD 1(5), KALYAN, 1 ST FLOOR, MOHAN PLAZA , WAYALE NAGAR, KHANDKPADA KALYAN, KALYAN / VS. GUARDEX FIRE SYSTEMS (I) PVT. LTD, SUDHANSHU CHAMBERS, 2 ND FLOOR , SHIVAJI PAT H, KALYAN. ./ PAN : AACCG9143M / ASSESSEE BY SHRI B S BIST / REVENUE BY SHRI AJAY SINGH / DATE OF HEARING : 19.09. 2016 / DATE OF PRONOUNCEMENT : 19.09.2016 / O R D E R P ER RAJESH KUMAR , A M THIS IS AN APPEAL FILED BY THE REVENUE CHALLENGING THE ORDER OF LD.CIT(A) - 2 THANE DATED 13.7.2015 FOR THE ASSESSMENT YEAR 20 09 - 10. 2. WE FIND FROM THE ORDERS OF AUTHORITIES BELOW THAT THE TAX EFFECT INVOLVED IN THE ABOVE REFERRED CASE IS BELOW THE MONETARY LIMIT (RS. 10,00,000/ - ) PRESCRIBED BY THE CENTRAL BOARD OF DIRECTOR TAXES(CBDT), VIDE ITS CIRCULAR NO.21/2015(F.NO.L42/2007 - ITJ (PT.) DATED 10TH DECEMBER, 2015. 2 ITA NO. 5054 / MUM/ 201 5 3. SHRI AJAY SINGH, LD. AR APPEARED ON BEHALF OF THE ASSESSEE. THE DEPARTMENTAL REPRESENTATIVE (DR) ON A QUERY BY THE BENCH FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE ABOVE CASES IS LESS THAN RS.10.00 LACS. CONSIDERING THESE FACTS, WE DISMISS TH IS A PPEAL HOLDING IT AS NOT MAINTAINABLE U/S. 268A OF THE ACT. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.9.2016 . S D SD ( MAHAVIR SINGH ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 19.9.2016 SR.PS:SRL: / 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, T RUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MU MBAI