DCIT 10(2), MUMBAI V. NUTRINE CONFECTIONERY CO.LTD, MUMBAI

ITA 5316/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1380 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-05-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 31-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMARSR DR
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, B MUMBAI , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAM IT KOCHAR, ACCOUNTANT MEMBER ITA NO.5316/MUM/2013 ASSESSMENT YEAR: 2009-10 DCIT-10(2), ROOM NO.432, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 / VS. M/S NUTRINE CONFECTIONERY CO. LTD. PIROJSHANAGAR, EASTERN EXPRESS HIGHWAY, VIKROLI (E), MUMBAI-400079 ( / REVENUE) ( ! ' /ASSESSEE) PAN. NO.AAACN4838N # $ % ' & / DATE OF HEARING : 28/12/2016 % ' & / DATE OF ORDER: 23/01/2017 !' / REVENUE BY SHRI SUMAN KUMAR-SR. DR ! ' !' / ASSESSEE BY NONE ITA NO. 5316/MUM/2014 M/S NUTRINE CONFECTIONERY CO. LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 07/05/2013 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI, 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESENT FOR THE ASSESSEE, IN SPITE OF THE FACT THAT THE REG ISTERED AD NOTICES WERE SENT TO THE ASSESSEE. UNDER THE CIRCUMSTANCES, WE HAVE NO OPTION BUT TO PROCEED EX- PARTE, QUA THE ASSESSEE AND TEND TO DISPOSE OFF THIS APPEA L ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THE PR ESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT. THIS FAC TUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI SUM AN KUMAR. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTI ON NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./ 142/2007-IT(PT), APPLICABLE WITH RETROSPECTIVE EFFE CT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY TH E BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- ITA NO. 5316/MUM/2014 M/S NUTRINE CONFECTIONERY CO. LTD. 3 SL. NO. APPEALS IN INCO ME 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 IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. 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 28/12/2016. SD/- SD/- ( RAMIT KOCHAR ) (JOGINDER SINGH) #'$ / ACCOUNTANT MEMBER %'$ /JUDICIAL MEMBER # $ MUMBAI; ' DATED : 23/01/2017 F{X~{T? P.S / /. . . &%'()*)+' / COPY OF THE ORDER FORWARDED TO : 1. )*+, / THE APPELLANT (RESPECTIVE ASSESSEE) 2. -.+, / THE RESPONDENT. 3. / / # 0' ( )* ) / THE CIT, MUMBAI. 4. / / # 0' / CIT(A)- , MUMBAI, 5. 23 -' , / )*& ) 4 , # $ / DR, ITAT, MUMBAI 6. 5 6$ / GUARD FILE. ' / BY ORDER, .2*' -' //TRUE COPY// /' (DY./ASSTT. REGISTRAR) , # $ / ITAT, MUMBAI