ACIT 18(3), MUMBAI V. MADHAVI G. GHURYE, MUMBAI

ITA 6637/MUM/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3937 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-02-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 04-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANDHIR GUPTA
• Assessee Lawyers: R K BOTHRA
• Keywords: Tax effect
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH , JM AND SHRI SANJAY ARORA , AM ./ I. T.A. NO. 6637/MUM/2011 ( / ASSESSMENT YEAR: 2006 - 07 ) ASST. CIT - 18(3), ROOM NO. 209, 2 ND FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI / VS. MADHAVI G. GHURYE 301, SAI SHARAN, WING A, N. C. KELKAR MARG, MAHIM, MUMBAI - 400 016 ./ ./ PAN/GIR NO. ACWPG 1962 H ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI RANDHIR GUPTA / RESPONDENT BY : SHRI R. K. BOTHRA / DATE OF HEARING : 23 .2.2016 / DATE OF PRONOUNCEMENT : 23.2.2016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 29 , MUMBAI (CIT(A) FOR SHORT) DATED 12.7.2011 , PARTLY ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) R/W S. 147 OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2006 - 07 VIDE ORDER DATED 23.12.2009. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, SHRI R. K. BOTHRA , THAT THE TAX EFFECT OF THE REVENUES APPEAL IS BELOW RS.10 LACS, AND WHICH IS THEREFORE NOT MAINTAINABLE U/S. 268A OF THE ACT IN 2 ITA NO. 6637/MUM/2011 (A.Y. 2006 - 07) ASST. CIT VS. MADHAVI G. GHURYE VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BO ARD (INSTRUCTION NO. 21 OF 2015 DATED 10.12.2015 (F. NO. 279/MISC/142/2007 - IT J(PT )). THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE REVENUES APPEAL BEING BELOW RS.10 LACS . IN FACT, EVEN BEFORE THE FIRST APPELLATE AU THORITY, THE TAX I N DISPUTE STOOD AT RS.3.65 LACS, WITH THERE BEING NO ENHANCEMENT BY HIM. THE SAME ACCORDINGLY IS NOT MAINTAINABLE U/S. 268A OF THE ACT, REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD PER I TS CIRCULAR DATED 10.12.2015 (SUPRA) , BEING AT RS. 10 LACS FOR THE APPELLATE TRIBUNAL . THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUAR Y 23 , 201 6 SD/ - SD/ - ( JOGINDER SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 23 . 02 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI