DCIT (OSD) 2(3), MUMBAI V. SHEBA PROPERTIES LTD, MUMBAI

ITA 5463/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7898 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 28-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: CO M A Y; DR A K NAYAK ITA NO M
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI , , , , BEFORE SHRI RAJENDRA, AM AND SHRI AMARJIT SINGH, JM / I.T.A. NO.5463/MUM/14 ( !' #' / ASSESSMENT YEAR: 2009-10) DCIT (OSD) 2(3) R. NO. 552, 5 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI - 400020 ! / VS. M/S. SHEBA PROPERTIES LTD. 3 RD FLOOR, NANAVATI MAHALAYA, 18, HOMI MODY STREET, HUTATMA CHOWK, MUMBAI - 400001 CROSS OBJECTION NO.14/MUM/14 ( !' #' / ASSESSMENT YEAR: 2009-10) M/S. SHEBA PROPERTIES LTD. 3 RD FLOOR, NANAVATI MAHALAYA, 18, HOMI MODY STREET, HUTATMA CHOWK, MUMBAI - 400001 ! / VS. DCIT (OSD) 2(3) R. NO. 552, 5 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI - 400020 ./ ./PAN/GIR NO. : AAECS0591F ( /APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 22.03.2017 /DATE OF PRONOUNCEMENT: 22.03.2017 / O R D E R PER AMARJIT SINGH, JM: REVENUE BY: SHRI NIKHIL TIWARI ASSESSEE BY: DR. A.K.NAYAK ITA NO.5463.M.14 & CO.14.M.16 A.Y.2009-10 2 THE REVENUE HAS FILED THE ABOVE MENTIONED APPEAL AG AINST THE ORDER DATED 21.05.2014 PASSED BY THE COMMISSIONER OF INCO ME TAX (APPEALS)- 6, MUMBAI [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO THE ASSESSMENT YEAR 2009-10. THE ASSESS EE HAS ALSO FILED THE CROSS OBJECTION. ITA NO.5463/MUM/2014:- 2. AT THE TIME OF HEARING, IT WAS POINTED OUT BY TH E PARTIES THAT THE TAX EFFECT INVOLVED IN THIS QUANTUM IN DISPUTE BY T HE REVENUE IS LESS THAN RS.10 LAKHS. WE ALSO NOTICED FROM THE WORKING GIVEN BY THE ASSESSEE THAT THE QUANTUM IN DISPUTE IS RS.4,69,959 /- AND THE EFFECT THEREIN IS LESS THAN RS.10 LAKHS. HENCE IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DATED 10.12.2015 THE REVENUE IS BARRED F ROM PURSUING THIS APPEAL. ACCORDINGLY, WE DISMISSED THIS APPEAL IN L IMINE. C.O. NO. 14/MUM/2014:- 3. SINCE THE APPEAL OF THE REVENUE HAS BEEN ORDERED TO BE DISMISSED ON ACCOUNT OF TAX EFFECT BELOW 10 LACS, T HEREFORE, IN THE SAID CIRCUMSTANCES THE ASSESSEE DID NOT PRESS THIS ISSUE BEFORE US. HENCE, THIS CROSS OBJECTION IS DECIDED AGAINST THE ASSESSE E BEING NOT PRESSED 4. IN RESULT BOTH THE APPEAL FILED BY THE REVENUE A ND CROSS OBJECTION FILED BY THE ASSESSEE ARE HEREBY ORDERED TO BE DISMISSED. ITA NO.5463.M.14 & CO.14.M.16 A.Y.2009-10 3 ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH 2017 . SD/- SD/- (RAJENDRA) (AMARJIT SINGH) / ACCOUNTANT MEMBER ! ' /JUDICIAL MEMBER MUMBAI; ' DATED : 22 ND MARCH, 2017 MP $%&# / 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