ACIT 3(3), MUMBAI V. VIVID VISION TREXIM P.LTD, MUMBAI

ITA 5341/MUM/2012

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3450 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 03-12-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 24-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LATA SUNDER
• Assessee Lawyers: M SUBRAMANIAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI B.R.BASKARAN (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 5341 /MUM/2012 ASSESSMENT YEAR: 2009-10 THE A CIT CIRCLE - 3 ( 3 ) , ROOM NO. 609, 6 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI- 400020. VS. M/S. VIVID VISION TREXIM PVT. LTD. 133, MITTAL COURT, A-WING, NARIMAN POINT, MUMBAI- 400021. PAN- AABCV8727B (APPELLANT) (RESPONDENT) APPELLANT BY : MS. LATA SUNDER RESPONDENT BY : SHRI. M. SUBRAMANIAN DATE OF HEARING: 14/10/2015 DATE OF PRONOUNCEMENT: 22/01/2016 O R D E R PER RAM LAL NEGI, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REV ENUE AGAINST IMPUGNED ORDER DATED 26/04/2012 PASSED BY THE CIT( A)-7, MUMBAI IN RESPECT OF THE ORDER OF ASSESSMENT PASSED U/S 14 3(3) FOR THE ASSESSMENT YEAR 2009-10, ON THE FOLLOWING GROUNDS:- 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A)WAS JUSTIFIED IN DELETING THE DISALLOWANCE OF RENT EXPENSES OF RS. 29,37,000/- MA DE BY THE AO WITHOUT APPRECIATING THE FACT THAT THE ASSESSEE HAS NOT PRODUCED ANY DOCUMENTARY EVIDENCES VIZ. LEAVE AND L ICENCE AGREEMENT ETC. DURING THE COURSE OF ASSESSMENT AS WELL AS APPELLATE PROCEEDINGS. 2 ITA NO. 5341 /MUM/2012 ASSESSMENT YEAR: 2009-10 2. THE APPELLANT PRAYS THAT THE ORDER OF THE CIT(A ) ON THE ABOVE GROUND BE SET ASIDE AND THAT OF THE ASSESSIN G OFFICER BE RESTORED. 3. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER AN Y GROUND OR ADD A NEW GROUND THAT MAY BE NECESSARY. 2. AT THE OUTSET, IT IS NOTICED THAT, THE DISPUTE D ISSUE IS ONLY FOR RS. 29,37,000/- AND THE TAX EFFECT ON THIS AMOUNT IS B ELOW THE SPECIFIED MONETARY LIMIT OF RS. 10 LAKHS. AS PER THE LATEST C BDT CIRCULAR NO. 21 OF 2015, DATED 10 TH DECEMBER, 2015, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT HAS BEEN IS SUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT RS. 10 LAKHS. IN THE SAID CIRCULAR, IT HAS BEEN SPECIFI CALLY CLARIFIED THAT THE SAID INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND JANUARY, 2016 SD/- SD/- ( B.R.BASKARAN ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 22/01/2016 3 ITA NO. 5341 /MUM/2012 ASSESSMENT YEAR: 2009-10 / 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 PRAMILA