DCIT 10(1), MUMBAI V. ARUN K SAHA, MUMBAI

ITA 6267/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1381 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 09-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: D V LAKHANI
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 6267/MUM/2014 ASSESSMENT YEAR: 2010-11 DCIT 10(1) VS. MR. ARUN K SAHA 453 AAYAKAR BHAVAN 4 TH FLOOR, 601, 602 GREEN ACRES PALI HILL, NARGIS M.K. ROAD, DUTT ROAD, BANDRA WEST, MUMBAI 400020 MUMBAI - 400050 (APPELLANT) (RESPONDENT) REVENUE BY : SHRI MAURYA PRATAP, DR ASSESSEE BY: SHRI D.V. LAKHANI, AR DATE OF HEARING : 22/1 2/2016 DATE OF PRONOUNCEMENT: 22/12/2016 ORDER PER N.K. PRADHAN, AM THIS IS AN APPEAL FILED BY THE REVENUE. THE RELEVAN T ASSESSMENT YEAR IS 2010-11. THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER (APPEALS)-21, MUMBAI AND ARISES OUT OF ORDER U/S 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT). 2. IN THE ASSESSMENT ORDER PASSED UNDER SECTION 143 (3) OF THE ACT, ON 24.03.2013, THE ASSESSING OFFICER (AO) HAS MENT IONED THAT THE ASSESSEE FILED HIS RETURN OF INCOME FOR A.Y. 2010-1 1 ON 30.07.2010 DECLARING TOTAL INCOME AT RS. 5,20,02,995/-. WE FIN D THAT THE TOTAL INCOME ASSESSED BY THE AO IS ALSO AT RS. 5,20,02,99 5/- 3. BOTH THE LEARNED COUNSELS OF THE PARTIES AGREED BEFORE US THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN T HE MONETARY LIMIT OF ITA NO. 6267/MUM/2014 2 RS. 10,00,000/- FIXED BY CBDT VIDE CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 IN RELATION TO APPEAL BEFORE THE ITAT. W E HAVE SEEN THAT THE MONETARY LIMITS HAVE BEEN MADE APPLICABLE RETRO SPECTIVELY BY THE CBDT IN THE SAID CIRCULAR AS WOULD BE EVIDENT FROM THE FOLLOWING EXTRACT:- 10. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS / TRIBUNALS. P ENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN / NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE INS TRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 4. TAKING INTO CONSIDERATION THE AFORESAID SUBMISSI ONS OF THE LEARNED COUNSELS AND ALSO FINDING THAT THE CBDT CIR CULAR UNDER REFERENCE APPLIES RETROSPECTIVELY, EVEN TO PENDING APPEALS, WE DISMISS THE APPEAL OF THE REVENUE AS NOT MAINTAINAB LE. 5. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/12/2016 SD/- SD/- (MAHAVIR SINGH) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBE R MUMBAI; DATED: 22/12/2016 BISWAJIT, SR. P.S. 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 . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI