ITO 15(1)(2), MUMBAI V. SHREE VISHWESHWAR SAHAKARI PATPEDHI MARYADIT, MUMBAI

ITA 5269/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3137 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 20-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKRAM BATRA
• Assessee Lawyers: VIKAS AGRAWAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI R.C. SHARMA(ACCOUNTANT MEMBER) AND SHRI AMIT SHUKLA (JUDICIAL MEMBER) ITA NO. 5269/MUM/2014 ASSESSMENT YEAR: 2010-11 INCOME TAX OFFICER 15(1)(2) VS. SHRI. VISHWESHWAR SAHAKARI MATRU MANDIR, TARDEO, PATPEDHI MARYADIT R.NO. 116 GRANT ROAD TELI SEVA SAMAJ MUMBAI- 400007 SHANKARRAO NARAM PATH LOWER PAREL, MUMBAI PAN NO. AABAS5610G (APPELLANT) (RESPONDENT) REVENUE BY : SHRI. VIKRAM BATRA ASSESSEE BY : SHRI. VIKAS AGRAWAL DATE OF HEARING : 08/09/201 6 DATE OF PRONOUNCEMENT : 08/09/2016 O R D ER PER R.C. SHARMA, ACCOUNTANT MEMBER : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A) FOR THE AY 2010-11. 2. WE HAVE HEARD LD. REPRESENTATIVE OF BOTH THE PAR TIES AND ALSO PERUSED THE MATERIALS PLACED ON RECORD BEFORE US. 3. AT THE OUTSET IT WAS CONTENDED BY THE LD. AR TH AT THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10.00 LAKHS AND FURTHER SUBMITTE D 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 , GOVERN MENT OF INDIA, THE APPEAL WAS NOT MAINTAINABLE AND BE DISMISSED. THE LD. DR ALSO AGREED TO THE SUBMISSION OF THE LD. AR. 2 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND FROM THE RECORDS BEFORE US THAT THE TAX INV OLVED IN THE DISPUTED ISSUE IS BELOW RS.10 LACS AND THEREFORE, IN VIEW OF THE CIRC ULAR NO 21/2015 DATED 10 TH DECEMBER, 2015 NO APPEALS SHOULD BE FILED BY THE RE VENUE 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 RELEVAN T EXTRACT THE SAID CBDT CIRCULAR (SUPRA) IS AS UNDER:- THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDIN G APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS B ELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. APPEALS BEFORE T HE SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATI VE AT THE TIME WHEN SUCH APPEAL WAS FILED. 5. CONSIDERING THE ABOVE, THE APPEAL FILED BY THE R EVENUE, IS THEREFORE DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08/09/2016 . SD/- SD/- (AMIT SHUKLA) (R.C . SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 08/09/2016 AG (ON TOUR) 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, MUMBAI 3 DICTATION PAD ATTACHED DATE INITIAL 1. DRAFT DICTATED ON 08/09/2016 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 08/09/2016 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. DATE OF PRONOUNCEMENT 08/09/2016 SR.PS 7. FILE SENT TO THE BENCH CLERK 12/09/2016 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER