DCIT CC 7(1), MUMBAI V. MANEESH R. SAPTE, MUMBAI

ITA 5492/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8339 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 08-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K N SHAH
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL BENCH D MUMBAI BEFORE SHRI D.T.GARASIA , JM AND SHRI RAJESH KUMAR, AM I.T.A. NO. 5492 /MUM/20 1 6 ( / ASSESSMENT YEAR: 20 0 6 - 07 ) DY. COMMISSIONER OF INCOME TAX CC - 7(1), ROOM NO.653, 6 TH FLOOR, AAYAKAR BHAVAN, M K ROAD, MUMBAI - 400020 / VS. SHRI MANEESH R SAPTE, 51 - 52/A OPP. CINE PLANET, OFF. SION, CIRCLE, KAMANI MARG, SION, MUMBAI - 400022 ./ PAN : ALXPS9987L / REVENUE BY SHRI PURUSHOTTAM KUMAR / ASSESSEE BY SHRI K N SHAH / DATE OF HEARING : 27. 2.2017 / DATE OF PRONOUNCEMENT : 27 .2.2017 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 20.6.2016 PASSED BY THE LD.CIT(A) - 49, MUMBAI FOR THE ASSESSMENT YEAR 200 6 - 07. 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFECT IN THE AP PEAL OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SAME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETA RY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY 2 ITA NO. 5492 /M/201 6 THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. THI S CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 3. CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS TH E APPEAL OF THE REVENUE. 4. . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27. 2.2017 . S D SD ( D.T.GARASIA ) ( RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 27 .2.2017 SR.PS:SRL: / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT( A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, T RUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI