ACIT CEN CIR 2, THANE V. MAX REALITIES P.LTD, NAVI MUMBAI

ITA 5145/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1757 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-11-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 17-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N P SINGH
• Assessee Lawyers: JIGAR MEHTA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NOS.5145 TO 5148/MUM/2011 ASSESSMENT YEARS: 2006-07 TO 2009-10 ACIT, CENTRAL CIRCLE-2, ROOM NO.13, 6 TH FLOOR, ASHAR IT PARK, WAGLE ESTATE, THANE (W) / VS. M/S MAX REALITIES PVT. LTD. PLOT NO.5/6, SECTOR-8, KHARGAR, NAVI MUMBAI MAHARASHTRA-410210 ( ' / REVENUE) ( #$ % /ASSESSEE) P.A. NO. AAECM4100G #$ % / ASSESSEE BY SHRI JIGAR MEHTA ' / REVENUE BY SHRI N.P.SINGH CIT- DR & '' ( % ) / DATE OF HEARING : 17/11/2016 ( % ) / DATE OF ORDER: 17/11/2016 M/S MAX REALITIES PVT. LTD. ITA NOS.5145 TO 5148/MUM/2013 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDERS DA TED 08/04/2013 (ASSESSMENT YEARS 2006-07 AND 2007-08) A ND 09/04/2013 (ASSESSMENT YEAR 2008-09 & 2009-10) OF T HE LD. FIRST APPELLATE AUTHORITY, THANE, ON THE GROUNDS AS STATED IN THE RESPECTIVE APPEAL. 2. DURING HEARING OF THESE APPEALS, AT THE OUTSET, SHR I JIGAR MEHTA, LD. COUNSEL FOR THE ASSESSEE, CONTENDED THAT IN THE RESPECTIVE APPEAL, THE TOTAL TAX EFFECT IS BELOW PR ESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. CIT-DR, SHRI N. K. SINGH, DID NOT CONTROVERT THE CLAIM OF THE ASSESSEE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, SINCE THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BE LOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE TH E TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICA BLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED, THE FOLLOWING MONETARY LIMIT, WE FIND MERIT IN THE CLAIM OF THE ASSESSEE.: - M/S MAX REALITIES PVT. LTD. ITA NOS.5145 TO 5148/MUM/2013 3 SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IN THE RESPECTIVE APPEAL IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 17/11/2016. SD/- SD/- ( N.K. PRADHAN ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; * DATED : 17/11/2016 F{X~{T? P.S / +' %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. ,-./ / THE APPELLANT 2. 0./ / THE RESPONDENT. 3. 1 1 & 2% ( ,- ) / THE CIT, MUMBAI. 4. 1 1 & 2% / CIT(A)- , MUMBAI 5. 4'5 % , 1 ,-) , , & ' / DR, ITAT, MUMBAI 6. 7# 8' / GUARD FILE. / BY ORDER, 04-% % //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI,