DCIT CEN CIR 4(2) CEN RG 4, MUMBAI V. MANTRI REALTY LTD, MUMBAI

ITA 6641/MUM/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9938 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 11-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JUSTIN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

I T A N O . 6 6 4 1 / M U M / 2 0 1 6 A . Y . 2 0 1 1 - 1 2 P A G E | 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI G.S. PANNU , AM AND SHRI RAVISH SOOD, JM ./ I.T.A. NO. 6641/MUM/2016 ( / ASSESSMENT YEAR: 2011 - 1 2 ) DCIT CENTRAL CIRCLE - 4(2), R. NO. 1918, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400 021 / VS. M/S MANTRI REALTY LTD. G - 1, COURT CHAMBERS, GROUND FLOOR, V . THAKERSEY MARG, MUMBAI - 400 020 ./ ./ PAN/GIR NO. AADCM6966F ( / REVENUE ) : ( / ASSESSEE) / REVENUE BY : SHRI V. JUSTIN, D.R / ASSESSEE BY : NONE / DATE OF HEARING : 05/07 /2017 / DATE OF PRONOUNCEMENT : 07 /07/2017 / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER T HE CAPTIONED APPEAL FILED BY THE REVENUE PERTAINING TO ASSESSMENT YEAR 20 11 - 12 IS DIRECTED AGAINST THE ORDER PASSED BY CIT(A) - 52 , MUMBAI , DATED 25/08/201 6, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 19 61 (IN SHORT THE ACT) , DATED 20/03 /2014 . I T A N O . 6 6 4 1 / M U M / 2 0 1 6 A . Y . 2 0 1 1 - 1 2 P A G E | 2 2. AT THE OUTSET, IT IS NOTICED THAT THE TAX E FFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. THE CBDT VIDE CIRCULAR NO. 21/2015 , DATED 10/12/2015 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL , RETROSPECTIVELY. SINCE THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS.10.00 LAC SPECIFIED IN THE CBDT CIRCULAR , DATED 10/12/2015 (SUPRA), THE SAME IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT, APPE AL OF THE R EVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 / 0 7 /2017 SD/ - SD/ - (G.S. PANNU) ( RAVISH SOOD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI , DATED 07 / 0 7 / 2017 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A) - 52 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI I T A N O . 6 6 4 1 / M U M / 2 0 1 6 A . Y . 2 0 1 1 - 1 2 P A G E | 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER