JCIT (OSD) CC39, MUMBAI V. KAMAL J GUPTA, MUMBAI

ITA 5325/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3986 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-06-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 24-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIJAY KOTHARI
• Keywords: Tax effect
• Section: 143(3); 153A

Judgement Text

SHRI KAMAL J GUPTA ITA NO. 5325 /MUM/201 2 ITA NO. 5326/MUM/2012 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A , MUMBAI , , BEFORE SHRI AMIT SHUKLA , JUDICIAL MEMBER AND SHRI RA JESH K UM AR , ACCOUNTA NT MEMBER ITA NO. : 5325 /MUM/20 1 2 (ASSESSMENT YEAR: 2008 - 0 9 ) ITA NO. : 5326/MUM/2012 (ASSESSMENT YEAR: 2009 - 10 ) DCIT - CC - 39 , R. NO. 32(1), GROUND FLOOR, AAYAKAR BHAVAN, M K ROAD, MUMBAI - 400 0 20 VS SHRI KAMAL J GUPTA , 16A, ANDHERI INDUSTRIAL ESTATE, VE ERA DESAI ROAD, ANDHERI (WEST), MUMBAI - 400 058 .: PAN: AAEPG 9892 N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI DARSI SUMAN RATNAM RESPONDENT BY : SHRI VIJAY KOTHARI /DATE OF HEARING : 25 - 02 - 201 6 / DATE OF PRONOUNCEMENT : 25 - 02 - 201 6 ORDER : . . : PER AMIT SHUKLA , JM : THE AFORESAID APPEAL S HA VE BEEN FILED BY THE REVENUE AGAINST COMMON IMPUGNED ORDER DATED 19 . 06 . 2012 , PASSED BY CIT(A) - 41 , MUMBAI FOR THE QUANTUM OF ASSESSMENT PASSED U/S 143(3) R.W.S. 153A FOR THE ASSESSMENT YEAR 2008 - 09 AND 2009 - 10. 2. AT THE OUTSET, IT I S NOTICED THAT ASSESSEE HAS FILED A LETTER MENTIONING THAT THE TAX EFFECT ON THE D ISPUTED ISSUE IS LESS THAN RS. 10 LAKHS AND ALSO FILED A WORKING OF TAX. THIS FACT HAS BEEN ADMITTED BY THE LD. DR ALSO. NOW IN THE WAKE OF CBDTS CIRCULAR NO. 21 OF 2015 DATED 10.12.2015, THE MONETARY LIMIT PRESCRIBED FOR SHRI KAMAL J GUPTA ITA NO. 5325 /MUM/201 2 ITA NO. 5326/MUM/2012 2 FILING OF APPEAL BEFORE THE TRIBU NAL IS RS. 10 LAKHS. FURTHER IT HAS ALSO BEEN CLARIFIED THAT THIS CIRCULAR WILL APPLY ON PENDING APPEALS ALSO WHICH IS EVIDENT FROM PARA 10 OF THE IMPUGNED CIRCULAR, WHICH READS AS UNDER: - 10. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEA LS TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WH EN SUCH APPEAL WAS FILED. THUS, THE APPEAL OF THE REVENUE IN BOTH THE YEARS IS TREATED AS DISMISSED AS NON - MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE REVENUE FOR THE AY 2008 - 09 AND FOR THE AY 2009 - 10 STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH FEBRUARY , 2016 . SD/ - SD/ - ( ) ( ) ( RAJESH KUMAR ) ( AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE: 25 TH FEBRUARY , 2016 / COPY TO: - 1 ) / THE APPELLANT. 2 ) / THE RESPONDENT. 3) THE CIT (A) - 41 , MUMBAI . 4 ) THE COMMISSIONER OF INCOME TAX - CENTRAL - III , MUMBAI . 5 ) , , / THE D.R. A BENCH, MUMBAI. 6 ) \ COPY TO GUARD FILE. / BY ORDER / / TRUE COPY / / / , DY. / ASSTT. REGISTRAR I.T.A.T., MUMBAI * . . *CHAVAN, SR.PS