I.T.O.-21(2)(4), MUMBAI V. SWASTIK COOPERATIVE HOUSING SOCIETY LTD., MUMBAI

ITA 6524/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1928 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2016
• Appeal Filed By: Department
• Bench Allotted: E
• Next Hearing Date: 08-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 06-11-2013
• Court: TRIBUNAL
• Department Lawyers: AKHILENDRA YADAV
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER I.T.A. NO.6524/M/2013 (ASSESSMENT YEAR: 2009 - 2010) ITO - 21(2)(4), C - 10, R.NO.503, 5 TH FLOOR, BKC, BANDRA, MUMBAI - 400 051. / VS. M/S. SWASTIK CHS LTD., VISHNU PRASAD DESAI BHUVAN, V.L. MEHTA ROAD, JVPD SCHEME, VILE PARLE (W), MUMBAI 400 056. ./ PAN : AAAJT0083E ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI AKHILENDRA YADAV, DR / RESPONDENT BY : NONE / DATE OF HEARING : 08.11.2016 / DATE OF PRONOUNCEMENT : 08.11.2016 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE REVENUE ON 06.11.2013 IS AGA INST THE ORDER OF THE CIT (A) - 22 , MUMBAI DATED 05.08.2013 FOR THE ASSESSMENT YEAR 2009 - 2010. 3. BEFORE US, NONE APPEARED ON BEHALF OF THE ASSESSEE TO REPRESENT ITS CASE. AFTER HEARING THE LD DR FOR THE REVENUE AND ON PERUSAL OF THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE RELEVANT MATERIAL PLACED BEFORE US, WE FIND, THE TAX EFFECT IN THIS CASE IS BELOW RS. 10 LAKHS. THEREFORE, THIS CASE IS COVERED BY THE CBDT CIRC ULAR NO.21/2015, DATED 10.12.2015 WHICH IS RELEVANT FOR THE 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. CONSIDE RING THE SAME, THE PRESENT APPEAL FILED BY THE REVENUE IS REQUIRED TO BE DISMISSED SINCE, THE SAME IS NOT MAINTAINABLE. WE ORDER ACCORDINGLY. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. 2 ORDER PR ONOUNCED IN THE OPEN COURT ON 0 8 T H N OVEMBER , 2016. S D / - S D / - ( PAWAN SINGH ) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 08.11 .2016 . . ./ 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