ASST CIT 11(2), MUMBAI V. BSR & ASSOCIATES, MUMBAI

ITA 6149/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2179 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 01-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEIL PHILIPH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B , MUMBAI , , , BEFORE SHRI JOGINDER SINGH, J UDICIAL M EMBER , A ND SHRI RAM IT KOCHAR , A CCOUNTANT M EMBER ITA NO . 6149 /MUM/20 14 ASSESSMENT YEAR: 20 1 0 - 1 1 ACIT - 11(2), ROOM NO. 479, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 20 / VS. M/S. BSR & ASSOCIATES, LODHA EXCELUS, 1 ST FLOOR, APOLLO MILS COMPOUND, N.M. JOSHI MARG, MAHA LAXMI, MUMBAI - 13 ( / REVENUE) ( /ASSESSEE) P.A. NO. AADFB 6889 R / REVENUE BY SHRI NEIL PHILIPH - DR / ASSESSEE BY SHRI HARSH KAPADIA CA / DATE OF HEARING : 31 /10 /20 1 6 / DATE OF ORDER : 01 /1 1 /2016 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 28/07 /201 4 OF THE LD. FIRST APPELLATE AUTHORITY, MUMBAI . M/S. BSR & ASSOCIATES, LODHA EXCELUS ITA NO S . 6149 /MUM/2014 2 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, SHRI HARSH KAPADIA , LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT IN THE PRESENT APPEAL, THE TOTAL TAX EFFECT IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI NEIL PHILIPH , DID NOT CONTROVE RT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL B EFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007 - IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.: - SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - IN V IEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EFFECT IS LESS THAN RS.10,00,000/ - , CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. M/S. BSR & ASSOCIATES, LODHA EXCELUS ITA NO S . 6149 /MUM/2014 3 FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. T HIS ORDER WAS PRONOU NCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FRO M BOTH SIDES AT T H E CONCLUSION OF THE HEARING ON 31 /10 /2016 . S D/ - SD/ - ( RAMIT KOCHAR ) (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 01 / 1 1 /201 6 VR/ - . . / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A) - , MUMBAI 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBA I,