DCIT 8(2), MUMBAI V. MUCHHALA MAGIC LAND P.LTD, MUMBAI

ITA 6161/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3946 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 07-10-2014
• Court: TRIBUNAL
• Department Lawyers: VIVEK ANAND OJHADR
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.6161/MUM/2014 ASSESSMENT YEAR: 2008-09 DCIT-8(2), R. NO.209, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 / VS. M/S MUCHHALA MAGIC LAND PVT. LTD. GROUND FLOOR, AMAR MAHAL, ANADRA DEVLE ROAD, JUHU, MUMBAI-400049 ( / REVENUE ) ( !' # /ASSESSEE) PAN. NO . AABCM1017B / REVENUE BY SHRI VIVEK ANAND OJHA-DR !' # / ASSESSEE BY NONE $ % & # ' / DATE OF HEARING : 28/04/2016 & # ' / DATE OF ORDER: 03/05/2016 ITA NO.6161/MUM/2014 MUCHCHALA MAGIC LAND PVT. LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 31/07/2014 OF THE FIRST APPELLATE AUTHORITY, MUMBAI . 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESENT ON BEHALF OF THE ASSESSEE IN SPITE OF ISSUANCE OF REGI STERED AD NOTICE, THEREFORE, WE HAVE NO OPTION BUT TO PROCEED EX-PARTE, QUA THE ASSESSEE, AND TEND TO DISPOSE OF THE APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. HOWEVER, AT THE OUTSET, THE LD. DR, SHRI RAJGURU, BROUGHT TO OUR NOTICE THA T THE TOTAL TAX EFFECT IS BELOW PRESCRIBED MONETARY LIMIT OF RS .10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT AFTER PROVIDING RELIEF TO T HE ASSESSEE BY THE COMMISSIONER OF INCOME TAX (APPEAL), THE TAX E FFECT IN THE PRESENT APPEAL REMAINED BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE 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 RETRO SPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTE D BY THE BOARD NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- ITA NO.6161/MUM/2014 MUCHCHALA MAGIC LAND PVT. LTD. 3 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 VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 28/04/2016. SD/- SD/- ( ASHWANI TANEJA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER $ % MUMBAI; ( DATED : 03/05/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 $ 1# ( *+ ) / THE CIT, MUMBAI. 4. 0 0 $ 1# / CIT(A)- , MUMBAI 5. 23 .# , 0 *+' * 4 , $ % / DR, ITAT, MUMBAI 6. 5! 6% / GUARD FILE. / BY ORDER, /2+# .# //TRUE COPY// / (DY./ASSTT. REGISTRAR) , $ % / ITAT, MUMBAI