ASST CIT CIR 23(3), MUMBAI V. VELBAI KHIMJI CHHEDA, MUMBAI

ITA 5733/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4282 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 12-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H M WAMARE
• Keywords: Tax effect
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI JASON P. BOAZ (AM) AND SHRI SANDEEP GOS AIN (JM) ITA NO. 5733/MUM/2014 ASSESSMENT YEAR: 2008-09 THE ASST.CIT, CIRCLE - 23(3), ROOM NO.402, 4 TH FLOOR, C-10 BLDG., PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI- 400051. VS. MRS. VELBAI KHIMJI CHHEDA . , 10, PUSHPA KUNJ, 2 ND FLOOR, DR. AMBEDKAR ROAD, MULUND (W), MUMBAI- 400080. PAN : ACZPC1472H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. H.M.WAMARE RESPONDENT BY : SHRI. NISHIT GANDHI DATE OF HEARING: 05/04/2016 DATE OF PRONOUNCEMENT: 05/04/2016 O R D E R PER JASON P. BOAZ, AM THE AFORESAID APPEAL HAS BEEN FILED BY THE REV ENUE AGAINST THE IMPUGNED ORDER OF THE CIT(APPEALS)-33, MUMBAI DATED 19/06/2014 PASSED IN RESPECT OF THE ORDER PASSED U/S 154 OF TH E INCOME TAX ACT, 1961 (IN SHORT THE ACT) FOR ASSESSMENT YEAR 2008 -09. 2. THE GROUNDS RAISED IN THIS APPEAL ARE AS UNDER:- 1) ' WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) FAILED TO APPRECIATE THE FACT TH AT THE CASE HAD NOT SUBMITTED FORM NO. 10DB DURING THE COURSE OF AS SESSMENT PROCEEDINGS. 2 ITA NO. 5733/MUM/2014 ASSESSMENT YEAR: 2008-09 2) 'WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE LEARNED. CIT(A)FAILED TO APPRECIATE THE FACT I N THE ORDER U/S 154, THE A.O HAS EXPLICITLY MENTIONED THAT THE ORDE R SHEET NOTINGS DO NOT INDICATE THAT FORM NO. 10DB WAS FILE D DURING THE COURSE OF ASSESSMENT PROCEEDINGS. 3) THE APPELLANT CRAVES LEAVE TO ADD, TO AMEND, A LTER, SUBSTITUTE OR MODIFY ANY OF THE ABOVE GROUND OR ADD A FRESH GROUND AS AND WHEN FOUND NECESSARY EITHER BEFORE OR AT THE TIME OF HEARING. 3. AT THE OUTSET, IT IS NOTICED THAT, THE DISPUTE D ISSUE IS ONLY RS. 9,50,880/- AND THE TAX EFFECT ON THIS AMOUNT IS MUC H BELOW THE SPECIFIED MONETARY LIMIT OF RS. 10 LAKHS. AS PER TH E LATEST CBDT CIRCULAR NO. 21 OF 2015, DATED 10 TH DECEMBER, 2015, NEW GUIDELINES OF MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT HAS BEEN ISSUED, WHEREBY THE TAX EFFECT FOR FILING OF APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED AT RS. 10 LAKHS. IN TH E SAID CIRCULAR, IT HAS BEEN SPECIFICALLY CLARIFIED THAT THE SAID IN STRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS. ACCORDI NGLY, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DIS MISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH APRIL, 2016 SD/- SD/- ( SANDEEP GOSAIN ) (JASON P.BOAZ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 05/04/2016 3 ITA NO. 5733/MUM/2014 ASSESSMENT YEAR: 2008-09 / 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