ITO 18(1)(2), MUMBAI V. ARUN D. TEJUJA, MUMBAI

ITA 5914/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2631 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-10-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKASH KUMAR AGARWAL
• Assessee Lawyers: DINESH H HARIYA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 5914 /MUM/2013 ( / ASSESSMENT YEAR : 2005-06) INCOME TAX OFFICER, WARD 18(1)(2) MUMBAI / V. SHRI ARUN D. TEJUJA 17, RISHIKESH CO-OP. HOUSING SOCIETY, PLOT NO. 63, WORLI HILL ROAD, WORLI, MUMBAI-400018 ./ PAN : AAEPT6984C ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY MR. VIKASH KUMAR AGARWAL ASSESSEE BY : MR. DINESH H HARIYA / DATE OF HEARING : 03-10-2016 / DATE OF PRONOUNCEMENT : 03-10-2016 / O R D E R PER RAMIT KOCHAR,ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE IS DISPOSED OF BEC AUSE THE TAX EFFECT IN THE APPEAL IS LESS THAN RS. 10 LACS AS PER THE LATE ST CBDT CIRCULAR NO. 21/2015, F. NO. 279/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. 2. THE LD. D.R. SUBMITTED THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 10 LACS AND THE CBDT CIRCULAR NO. 21/2015 IS APPLICABLE TO THIS APPEAL AND THE APPEAL IS NOT MAINTAINABLE/NOT PRESS ED IN TERMS OF CBDT CIRCULAR NO 21/2015 DATED 10/12/2015. THE LD. DR S UBMITTED THAT AS PER THE LATEST CBDT CIRCULAR NO. 21/2015, F. NO. 279/MI SC.142/2007-ITJ (PT) ITA 5914/MUM/2013 2 DATED 10 TH DECEMBER, 2015 ISSUED BY CENTRAL BOARD OF DIRECT T AXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNM ENT OF INDIA, NO APPEAL SHALL BE FILED BY THE REVENUE IN RESPECT OF AN ASSE SSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMI T SPECIFIED IN PARA 3 OF THE CIRCULAR PARA 3 OF THE CIRCULAR NO. 21/2015 S NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10,00,000/- 2 BEFORE HIGH COURT 20,00,000/- 3 BEFORE SUPREME COURT 25,00,000/- IN THE SAID CIRCULAR VIDE PARA 10, IT IS STIPULATE D THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEAL S TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE S PECIFIED TAX LIMITS IN MAY BE WITHDRAWN/NOT PRESSED. 3. KEEPING IN VIEW THE CBDT CIRCULAR NO. 21/2015 DA TED 10 TH DECEMBER, 2015 WHICH IS APPLICABLE FROM RETROSPECTIVE EFFECT AND IS ALSO APPLICABLE TO PENDING APPEALS AND ALSO IN VIEW OF LD. DR STATING BEFORE US THAT THIS APPEAL IS NOW NOT MAINTAINABLE/NOT PRESSED IN VIEW OF THE ABOVE CBDT CIRCULAR, WE HOLD THAT THIS APPEAL FILED BY THE REVENUE WHICH IS COVERED BY THIS ORDER INVOLVING TAX EFFECT LESS THAN RS. 10 LACS IS NOT M AINTAINABLE AND IS DISMISSED BEING NOT PRESSED. HOWEVER, THE REVENUE IS AT LIBER TY TO FILE AN APPLICATION FOR RECALL OF THIS APPEAL IN ACCORDANCE WITH LAW, IF AT ANY STAGE THE REVENUE WANTS TO AGITATE THE MATTER IN ACCORDANCE WITH THE PROVIS IONS/CLAUSES AS CONTAINED IN THE AFORE-STATED CIRCULAR. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD OCTOBER 2016. ITA 5914/MUM/2013 3 # $% &' 03-10-2016 ( ) SD/- SD/- (MAHAVIR SINGH) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ MUMBAI ; & DATED 03-10-2016 [ !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. 9 ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. 9 / CIT- CONCERNED, MUMBAI 5. <=( >>?@ , ?@ , $ / DR, ITAT, MUMBAI A BENCH 6. (BC D / GUARD FILE. / BY ORDER, < > //TRUE COPY// / ( DY./ASSTT. REGISTRAR) , $ / ITAT, MUMBAI