ITO 11(3)(1), MUMBAI V. DR. (Mrs.) MEERA NARENDRA REGE, MUMBAI

ITA 5153/MUM/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3879 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-11-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 17-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANU KRISHNA AGRAWAL
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.5153/MUM/2013 ASSESSMENT YEAR:2007-08 ITO-11(3)(1), ROOM NO.444, 4 TH FLOOR, AAYAKAR BHAVAN, MUMBAI-400020 DR. (MRS.) MEERA NARENDRA REGE, 403/404, RICHMOND CHS, LOKHANDWALA COMPLEX, ANDHERI (W), MUMBAI-400053 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO. AACPR2708J % & ' $ ( / DATE OF HEARING : 17/02/2016 ' $ ( / DATE OF ORDER: 17/02/2016 / REVENUE BY SMT. ANU KRISHNA AGRAWAL !'# $ / ASSESSEE BY NONE ITA NO.5153/MUM/2013 DR. (MRS.) MEERA NARENDRA REGE 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 06/03/2013, OF THE LD. FIRST APPELLATE AUTHORITY, M UMBAI. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESEN T ON BEHALF OF THE ASSESSEE. HOWEVER, AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THE PRESENT AP PEAL IS BELOW PRESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI SMT. ANU KRISHNA A GRAWAL. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT THE TOTAL INCOME COMPUTED BY THE LD. ASSESSING OFFICER IN THE PRESENT APPEAL IS ONLY RS.16,00,458/-, THUS, THE TA X EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED LIMIT OF RS. 10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL. 2.2. IN VIEW OF THE FACT, THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EF FECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY TH E BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFEC T DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITA T 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.5153/MUM/2013 DR. (MRS.) MEERA NARENDRA REGE 3 AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY L IMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRI BUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/- , CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAIN TAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR AND THE AFOREMENTIONED CIRCULAR NO. 21 OF 2015, DAT ED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), OF CBDT , THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 17/02/2016. SD/- SD/- ( SANJAY ARORA ) (JOGINDER SINGH) ! ' / ACCOUNTANT MEMBER # ' /JUDICIAL MEMBER % & MUMBAI; ) DATED : 17/02/2016 F{X~{T? P.S/. . . $#%&'(')% / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 % 1$ ( + ) / THE CIT, MUMBAI. 4. 0 0 % 1$ / CIT(A)- , MUMBAI 5. 34 .$ ! , 0 +( ! 5 , % & / DR, ITAT, MUMBAI 6. ' 7& / GUARD FILE. / BY ORDER, /3+$ .$ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % & / ITAT, MUMBAI