ITO WD 3(2), THANE V. DEEPAK B SHAH, DOMBIVALI

ITA 5070/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3091 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 16-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Assessee Lawyers: DEEPAK MEHTA
• Keywords: Tax effect
• Section: 147; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH , MUMBAI BEFORE SRI MAHAVIR SINGH, JM AND SRI RAJESH KUMAR , AM ITA NO . 5070 /MUM/201 5 (A.Y:2011 - 12 ) THE INCOME TAX OFFICER, WARD 3 (2), KALYAN, MUMBAI VS. SHRI DEEPAK B. SHAH, 2 ND FLOOR, PANDURANG NIWAS, NEAR LALIT KALA, MHATRE COMPOUND, DOMBIVLI(E) 01 PAN:APMPS 3916E APPELLANT .. RESPONDENT APPELLANT BY .. SHRI B. S. BIST, SR. DR RESPONDENT BY .. SHRI DEEPAK MEHTA, AR DATE OF HEARING .. 1 9 - 09 - 2016 DATE OF PRONOUNCEMENT .. 1 9 - 09 - 2016 O R D E R PER MAHAVIR SINGH , JM : THIS APPEAL OF THE REVENUE IS ARISING OUT OF THE ORDER OF THE CIT (APPEALS) - 1, MUMBAI IN APPEAL NO. 944 & 955 /14 - 15 DATED 07 - 07 - 2015 . ASSESSMEN T WAS FRAMED BY THE IT O, WARD 3 (2), KALYAN FOR ASSESSMENT YEAR 2011 - 12 U/S 144 READ WIT H SECTION 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT) VIDE HIS ORDER DATED 31 - 01 - 2015 . 2. AT THE OUTSET, T HE LEARNED COUNSEL FOR THE ASSESSEE POINTED OUT THAT THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10.00 LACS. THE LEARNED COUNSEL FOR THE A SSESSEE FURTHER SUBMITTED THAT IN VIEW OF THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 BROUGHT OUT BY THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, THE APPEAL WAS NOT MAINTAINABLE AND BE DISMISSED. TH E LEARNED SR. DR ALSO AGREED TO THE FACTS STATED BY THE LEARNED COUNSEL FOR THE ASSESSEE BUT COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION PROVIDED IN THE CIRCULAR. 3 . WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND FROM THE RECORDS BEFORE US THAT THE TAX INVOLVED IN THE DISPUTED ISSUE /ADDITION OF RS.22,58,960/ - COMES TO RS.7,13,850/ - WHICH IS BELOW RS.10 LACS AND THEREFORE, IN ITA NO. 5070 /MUM/20 1 5 2 VIEW OF THE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 NO APPEAL SH OULD BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHICH HAS TAX EFFECT OF RS. 10.00 LACS OR LESS AND THIS CIRCULAR IS ALSO APPLICABLE RETROSPECTIVELY TO ALL PENDING APPEALS. THE RELEVANT EXTRACT THE SAID CBDT CIRCULAR (SUPRA) IS AS UNDER: - THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY TH E INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 4 . CONSIDERING THE ABOVE, THE APPEAL FILED BY THE REVENUE, IS THEREFORE, DISMISSED. 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 9 - 09 - 2016 . BY ORDER, ASSISTANT REGISTRAR ITAT, MUMBAI SD/ - (RAJESH KUMAR ) ACCONTANT MEMBER MUMBAI, DATED: 1 9 - 09 - 2016 LAKSHMIKANTA DEKA/SR.PS SD/ - ( MAHAVIR S INGH ) JUDICIAL MEMBER COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT (A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// ITA NO. 5070 /MUM/20 1 5 3 SR.NO. PARTICULARS DATE INITIALS MEMBER CONCERNED 1 DICTATION GIVEN ON (DIRECT ON COMPUTER) 19/09/16 LK DEKA JM 2 DRAFT PLACED BEFORE AUTHOR 19/09/16 3 DRAFT PROPOSED/PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR.PS 6 KEPT FOR PRONOUNCEMENT ON 7 FILE SENT TO THE BENCH CLERK 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER