ITO 17(1)(4), MUMBAI V. ROHIT SAVAILAL BARBHAYA, MUMBAI

ITA 5250/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2820 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 19-08-2014
• Court: TRIBUNAL
• Department Lawyers: NITIN R WAGHMARE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & PAWAN SINGH (JM) I.T.A. NO. 5250 /MUM/ 20 1 4 (ASSESSMENT YEAR 20 1 0 - 11 ) ITO - 17(1)(4) ROOM NO. 112 PIRAMAL CHAMBERS 1 ST FLOOR, PAREL MUMBAI - 400 012. VS. ROHIT SAV ILAL BARBHAYA C - 44, SHRI RAM APARTMENT, JAWAHAR NEHRU ROAD MULUND WEST MUMBAI - 400 080. ( APPELLANT ) ( RESPONDENT ) PAN NO . AAAPB6946J ASSESSEE BY NONE DEPARTMENT BY SHRI NITIN R. WAGHMARE DATE OF HEARING 11 . 7 . 201 6 DATE OF PRONOUNCEMENT 11 . 7 . 201 6 O R D E R PER B.R. BASKARAN(AM) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 16.6.2014 PASSED BY LEARNED CIT(A) - 29, MUMBAI AND IT RELATES TO A.Y. 2010 - 11. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE HENCE WE PROCEED TO DISPOSE OF THE APPEAL EX - PARTE, WITHOUT PRESENCE OF THE ASSESSEE. 3. LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE QUANTUM IN DISPUTE IS ` 25.25 LAKHS AND TAX EFFECT THEREON WOULD BE LESS THAN ` 10 LAKHS. ACCORDINGLY, LEARNED DEPARTMENTAL REPRES ENTATIVE FAIRLY CONCEDED THAT THIS APPEAL IS LIABLE TO BE DISMISSED IN VIEW OF THE CIRCULAR NO. 21/2015 DATED 10.12.2015 ISSUED BY CBDT. 4. HAVING HEARD THE SUBMISSIONS MADE BY LEARNED DEPARTMENTAL REPRESENTATIVE, WE DISMISS THE APPEAL OF THE REVENUE SINC E THE TAX EFFECT 2 INVOLVED IN THE ISSUES URGED BY THE REVENUE IS LESS THAN ` 10 LAKHS AND ISSUES DO NOT FALL IN ANY OF THE EXCEPTIONS PROVIDED IN PARA 8 OF THE CIRCULAR REFERRED ABOVE. ACCORDINGLY, WE DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 11 .7.2016 SD/ - SD/ - (PAWAN SINGH ) (B.R.BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 11 / 7 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMB AI PS