ASST CIT 14(1), MUMBAI V. NALIN P. SHAH, MUMBAI

ITA 5711/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4275 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 11-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PIYUSH SONKAR
• Assessee Lawyers: MIHIR SHAH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENC H MUMBAI BEFORE SHRI R.C. SHARMA, AM & SHRI PAWAN SING H, JM ITA NO.5711/MUM/201 4 (ASSESSMENT YEAR : 201 0-11) ACIT-14(1), 2 ND FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI-400021. VS. SHRI NALIN P. SHAH, FLAT NO. 3, 95-B, MEGHDOOT, NETAJI SUBHASHCHANDRA ROAD, MARINE DRIVE, MUMBAI-400002 PAN/GIR NO.: AAHPS3860K ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY : SHRI PIYUSH SONKAR (DR) ASSESSEE BY : SHRI MIHIR SHAH DATE OF HEARING : 04/04/2016 DATE OF PRONOUNCEMENT: 04/04/2016 O R D E R PER PAWAN SINGH, JM: THE ABOVE APPEAL IS FILED BY THE ASSESSING OFFICER (AO) RAISING ONE GROUND OF APPEAL FOR THE ASSESSMENT YEAR MENTIONED ABOVE. THE TAX EFFECT INVOLVED IN THE ABOVE REFERRED CASE IS BELOW THE MONETARY LIMIT (RS. 10,0 0,000/-) PRESCRIBED BY THE CENTRAL BOARD OF DIRECTOR TAXES(CBDT), VIDE ITS CIRCULAR NO .21/2015(F.NO.142/2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015. 2. MIHIR SHAH APPEARED ON BEHALF OF THE ASSESSEE. T HE DEPARTMENTAL REPRESENTATIVE (DR) ON A QUERY BY THE BENCH FAIRLY CONCEDED THAT T HE TAX EFFECT INVOLVED IN THE ABOVE CASE WAS LESS THAN RS. 10.00 LACS. CONSIDERING THES E FACTS, WE DISMISS THE APPEAL HOLDING THEM AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 04/04 /2016. SD/- SD/- (R.C. SHARMA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED : 04/04/2016 SK, PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI ITA NO.5711/M/14 2 / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY/