DCIT CENT. CIR. - 2(4), MUMBAI V. JASRAJ C. JAIN, MUMBAI

ITA 6079/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1278 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-04-2017
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 13-10-2016
• Court: TRIBUNAL
• Department Lawyers: BEENA SANTOSH
• Keywords: Tax effect

Judgement Text

IN THE INCO ME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO.6079/M/2016 (AY 2007 - 2008) ITA NO.6080/M/2016 (AY 2008 - 2009) ITA NO.6081/M/2016 (AY 2009 - 2010) ITA NO.6082/M/2016 (AY 2010 - 2011) DCIT - CC 2(4), MUMBAI. / VS. SHRI JASRAJ C. JAIN, R.NO. 6, 1 ST FLOOR, 59, LAMINGTON ROAD, MUMBAI. ./ PAN : AABPJ5199C ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : MS. BEENA SANTOSH, DR / RESPONDENT BY : SHRI VIMAL PUNAMIYA / DATE OF HEARING : 10.04.2017 / DATE OF PRONOUNCEMENT : 10.04 .2017 / O R D E R PER D. KARUNAKARA RAO, AM: THERE ARE FOUR APPEALS UNDER CONSIDERATION AND THEY ARE FILED BY THE REVENUE FOR THE AYS 2007 - 2008 TO 2010 - 2011. ALL THESE APPEALS ARE FILED AGAINS T THE COMMON ORDER OF THE CIT (A) - 48, MUMBAI DATED 28.7.2017. CONSIDERING THE CONNECTIVITY AND COMMONALIT Y OF THE ISSU ES INVOLVED IN THE PRESENT APPEALS, ALL THE FOUR APPEALS ARE CLUBBED, HEARD COMBINEDLY AND DISPOSED OF IN THIS CONSOLIDATED ORDER. APPEAL WISE ADJUDICATION IS GIVEN IN THE FOLLOWING PARAS OF THIS ORDER. 2. AT THE OUTSET, COUNSEL FOR THE ASSESSEE FILED A CHART , SHOWING THE DETAILS OF THE TAX EFFECT , AND DEMONSTRATED THAT THE TAX EFFECT INVOLVED IN ALL THE APPEALS IS BELOW RS. 10 LAKHS AND THEREFORE, THE CBD T CIRCULAR NO.21/2015 APPLIES TO ALL THE CASES. LD AR FURTHER SUBMITTED THAT C ONSIDERING THE LOW TAX EFFECT , ALL THE FOUR APPEALS FILED BY THE REVENUE ARE REQUIRED TO BE DISMISSED AS NOT MAINTAINABLE. 3. AFTER HEARING THE LD REPRESENTATIVES OF BOTH THE PARTIES AND ON PERUSAL OF THE CHART GIVING THE DETAILS OF THE TAX EFFECT, I AM OF THE OPINION, THE TAX EFFECT INVOLVED IN THE REVENUES APPEALS IS BELOW RS. 10 LAKHS. THEREFORE, THIS CASE IS COVERED BY THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 WHICH IS RELEVANT FOR THE 2 PROPOSITION THAT THE APPEALS FILED BY THE REVENUE WITH A TAX EFFECT OF RS. 10 LAKHS AND BELOW ARE TO BE EITHER DISMISSED BY THE TRIBUNAL AS NOT MAINTAINABLE OR NOT PRESSED BY THE REVENUE. THEREFORE, CONSIDERING THE LOW TAX EFFECT INVOLVED IN THE PRESENT APPEALS FILED BY THE REVENUE , THEY ARE REQUIRED TO BE DISMIS SED SINCE, THE SAME ARE NOT MAINTAINABLE. ACCORDINGLY I ORDER. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 0 TH APRIL , 2017. S D / - (D. KARUNAKARA RAO) ACCOUNTANT MEMBER MUMBAI ; 10.04.2017 . . ./ OKK , SR. PS / 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 . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI