ITO 17(2)(4), MUMBAI V. ALPESH PRAKASHMAL METHA, MUMBAI

ITA 6447/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4000 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 13-04-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 01-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHA KATYALDR
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.6447/MUM/2013 ASSESSMENT YEAR:2008-09 ITO-17(2)(4), R. NO.220, 2 ND FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI-400004 / VS. SHRI ALPESH PRAKASHMAL MEHTA, 178/180, SANT SENA MAHARAJ MARG, NEAR ROUND TEMPLE, GIRGAON, MUMBAI-400019 ( / REVENUE ) ( !' /ASSESSEE) PAN. NO . ANSPM4778Q / REVENUE BY MS. RADHA KATYAL-DR !' / ASSESSEE BY NONE # $ % '& / DATE OF HEARING : 13/04/2016 % '& / DATE OF ORDER: 13/04/2016 ITA NO.6447/MUM/2013 SHRI ALPESH PRAKASHMAL MEHTA 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 28/03/2013 OF THE FIRST APPELLATE AUTHORITY, MUMBAI , ON THE GROUNDS STATED IN THE GROUNDS OF APPEAL. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESENT FOR THE ASSESSEE IN SPITE OF ISSUANCE OF REGISTERED AD NOTICE FOR 24/03/2015 AND 22/09/2015, THUS, WE HAVE NO OPTION BUT TO PROCEED EX-PARTE, QUA THE ASSESSEE AND TEND TO D ISPOSE OF THIS APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON R ECORD. HOWEVER, AT THE OUTSET, IT WAS BROUGHT TO OUR NOTIC E THAT IN THE PRESENT APPEAL, THE TAX EFFECT IS BELOW PRESCRI BED MONETARY LIMIT OF RS.10 LAKH. THE LD. DR, MS. RADHA KATYAL, DID NOT CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTA INED 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 ITA NO.6447/MUM/2013 SHRI ALPESH PRAKASHMAL MEHTA 3 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 H IGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - CONSIDERING THE ABOVE INSTRUCTION, SINCE, THE TAX E FFECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPE AL 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 13/04/2016. SD/- SD/- ( ASHWANI TANEJA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER # $ MUMBAI; ( DATED :13/04/2016 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 ITA NO.6447/MUM/2013 SHRI ALPESH PRAKASHMAL MEHTA 4 6. 5 6$ / GUARD FILE. / BY ORDER, /2+' .' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , # $ / ITAT, MUMBAI