DCIT 20(2), MUMBAI V. MINOO RASHESH PATEL, MUMBAI

ITA 6677/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2517 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 18-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHAMMED RIZWAN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.6677/MUM/2013 (ASSESSMENT YEAR 2005-06) THE DCIT- 20(2), PIRAMAL CHAMBERS, LALBAUG, MUMBAI 400 012 ...... APP ELLANT VS. SMT.MINOO RASHESH PATEL, UNIT NO.1, WING-3, SOLITIRE KIA PARK, PRATHEMESH COMPLEX, V.V.ROAD, ANDHERI (W), MUMBAI 400 053 PAN: AACPP9736A .... RESPONDENT APPELLANT BY : SHRI MOHAMMED RIZWA N RESPONDENT BY : SHRI HARSH KOTHARI DATE OF HEARING : 20/10/2016 DATE OF PRONOUNCEMENT : 21/10/2016 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEAL FILED BY THE REVENUE PERTAIN ING TO ASSESSMENT YEAR 2005-06 IS DIRECTED AGAINST AN ORDER PASSED BY CIT(A)-31, MUMBAI DATED 27/09/2013, WHICH IN TURN, ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX A CT, 1961 (IN SHORT THE ACT) DATED 28/12/2007. 2 ITA NO.6677/MUM/2013 (ASSESSMENT YEAR 2005-06) 2. AT THE OUTSET, IT IS NOTICED THAT THE TAX EFFEC T INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. THE CBDT VIDE CIRCULAR N O.21/2015 DATED 10/12/2015 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEA LS 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 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 10/12/2015 (SUPRA), THE SAME IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 21/10/2016 SD/- SD/- (AMARJIT SINGH) (G.S. PANNU) JUDICIAL MEMBER ACCOCUNTANT MEMBER MUMBAI, DATED 21/10/2016 VM , 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. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI