ITO 25(2)(3), NAVI MUMBAI V. SHREE BALKRISHNA ENTERPRISES, MUMBAI

ITA 5266/MUM/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3497 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 02-06-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 30-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J SARAVANAN
• Assessee Lawyers: VIDHI GUPTA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAILENDRA KUMAR YADAV , JM AND SHRI RAJESH KUMAR, AM ./ I.T. A . NO. 5266 /MUM/ 201 3 ( / ASSESSMENT YEAR : 20 0 7 - 08 ) INCOME TAX OFFICER - 25(2)(3), C - 11, 1ST FLOOR,, PRATYAKSHAKAR BHAVAN, BANDRA - KURLA COMPLEX, BANDRA (E), MUMBAI - 400051. / VS. M/S SHREE BALKRUSHNA ENTERPRISES, 103, GIRIKUNJ, PLOT NO.RSC NO.21, NEAR GORAI, BORIVALI (W), MUMBAI - 400091 ./ PAN : ABEFS9722L / REVENUE BY SHRI J SARAVANAN / ASSESSEE BY MS . VIDHI GUPTA / DATE OF HEARING : 2 7 . 6. 2016 / DATE OF PRONOUNCEMENT : 2 7 . 6. 2016 / O R D E R PER RAJESH KUMAR, A. M: THIS IS AN APPEAL FILED BY THE REVENUE CHALLENGING THE ORDER DATED 3. 5 .2013 O F LD.CIT(A) - 35 , MUMBAI , FOR ASSESSMENT YEAR 20 0 7 - 08 . 2. WE FIND FROM THE ORDERS OF AUTHORITIES BELOW THAT T HE TA X 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. 3 . MS.VIDHI GUPTA APPEARE D ON BEHALF OF THE ASSESSEE. THE DEPARTMENTAL REPRESENTATIVE (DR) ON A QUERY BY THE BENCH FAIRLY CONCEDED THAT THE TAX EFFECT 2 5266 /MUM/2013 INVOLVED IN THE ABOVE CASE IS LESS THAN RS. 10.00 LACS. CONSIDERING THESE FACTS, WE DISMISS THE APPEAL HOLDING IT AS NOT MAINTAINA BLE U / S. 268A OF THE ACT. 4 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 7 .6. 2016. S D SD ( SHAILENDRA KUMAR YADAV ) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 2 7 . .6.2016 SR.PS:SRL: / COPY OF THE ORDER FORWARDED TO : 1. / THE APPE LLANT 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, MUMBAI