ITO (E)-II(1), MUMBAI V. KASTURBAI WALCHAND TRUST, MUMBAI

ITA 5614/MUM/2011

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4080 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-04-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 03-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Keywords: Tax effect
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , A M AND SHRI AMIT SHUKLA, JM ./ I.T.A. NO. 5614/MUM/2011 ( / ASSESSMENT YEAR: 2003 - 04 ) ITO(E) - II(1 ), R. NO. 509, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI - 12 / VS. KASTURBAI WALCHAND TRUST, CONSTRUCTION HOUSE, 5, WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI - 400 001 ./ ./ PAN/GIR NO. AAATK 0115 E ( / APPEL LANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI MOHD. JAVED / RESPONDENT BY : NONE / DATE OF HEARING : 25.4.2016 / DATE OF PRONOUNCEMENT : 25.4.2016 / O R D E R PER S ANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - I , MUMBAI (CIT(A) FOR SHORT) DATED 25.5.2011 , ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) R/W S. 147 OF T HE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2003 - 04 VIDE ORDER DATED 06.12.2010. 2. NONE APPEARED FOR AND BEHALF OF THE ASSESSEE - RESPONDENT WHEN THE APPEAL WAS CALLED OUT FOR HEARING, DESPITE SERVICE OF NOTICE OF HEARIN G SENT THROUGH RPAD. AT THE VERY OUTSET, IT WAS OBSERVED BY THE BENCH THAT THE TAX EFFECT OF THE REVENUES APPEAL 2 ITA NO. 5614/MUM/2011 (A.Y. 2003 - 04) ITO(E) VS. KASTURBAI WALCHAND TRUST IS BELOW RS.10 LACS, AND WHICH IS THEREFORE NOT MAINTAINABLE U/S. 268A OF THE ACT IN VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BOARD (INSTR UCTION NO. 21 OF 2015 DATED 10.12.2015 (F . NO. 279/MISC/142/2007 - IT(PT)). THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE INSTANT APPEAL BEING WELL BELOW RS.10 LACS, THE CLAIM UNDER DISPUTE - SINCE ALLOWED BY THE LD. CIT(A), BEING FOR RS.19.98 LACS. THE SAME ACCORDINGLY IS NOT MAINTAINABLE U/S. 268A OF THE ACT , REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD , WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT RS.10 LA CS FOR THE APPELLATE TRIBUNAL , I.E., FOR APPEALS PREFERRED BY THE REVENUE . THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COU RT ON APRIL 25 , 201 6 SD/ - SD/ - ( AMIT SHUKLA ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 25 . 0 4 .201 6 . . ./ ROSHANI , SR. PS / 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, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI