DCIT 25(1), MUMBAI V. DEDHIA ASSOCIATES, MUMBAI

ITA 585/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2000 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 11-02-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 24-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ./ I .T.A. NO. 585 /MUM/201 4 ( / ASSESSMENT YEAR : 2010 - 11 ) DY. C OMMISSIONER OF INCOME TAX 25 ( 1 ) , R. NO. 202, 2ND FLOOR, PRATYAKSHA KAR BHAVAN, BKC, BANDRA,(E) MUMBAI - 400 0 51 . / VS. M/S DEDHIA ASSOCIATES . C - 6, HIMANSHU, PREM NAGAR, NEAR MANDPESHWAR INDL. ESTATE, BORIVALI, (W), MUMBAI - 4000 92 ./ PAN : AAEFD5810B / REVENUE BY SHRI B S BIST / ASSESSEE BY SHRI VIPUL JOSHI / DATE OF HEARING : 16 .11. 2016 / DATE OF PRONOUNCEMENT : 16 .11. 2016 / O R D E R PER RAJESH KUMAR , A M THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 22.11.2013 , PASSED BY THE CIT(A) - 35 , MUMBAI, FOR THE ASSESSMENT YEAR 20 10 - 11 . 2. THE FIRST GROUND RAISED BY THE REVENUE IS IN RESPECT OF DELE TION OF ADDITION OF RS.1,20,00,000 / - MADE ON ACCOUNT OF P R OVIS I ON FOR EXPENSES. 3. AT THE TIME OF HEARING, THE LD.DR DID NOT PRESS THIS GROUND HENCE DISMISSED AS NOT PRESSED. 2 ITA NO. 585 / MUM/ 201 4 4. SINCE THE REVENUE DID NOT PRESS GROUND NO.1, THE NET TAX EFFECT REMAINS IN T HE ISSUE RAISED IN GROUND NO.2 BELOW RS.10 LAKHS , HENCE , THE GROUND NO.2 AS WELL AS THE APPEAL 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, 201 5, ISSUE D BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL BEFORE ITAT BY 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 LIAB LE TO BE DISMISSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 5 . 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 L AKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 6 . IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 16. 11. 2016. S D SD ( MAHAVIR SINGH ) ( RAJESH KUM AR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 16 .11 . 2016 SR.PS:SRL: 3 ITA NO. 585 / MUM/ 201 4 / 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 ORDE R, TRUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI