DCIT 8(1), MUMBAI V. ALKA INDIA LTD, MUMBAI

ITA 6696/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3469 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 18-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Assessee Lawyers: NARAYAN SWAMI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SANJAY ARORA , A M AND SHRI PAWAN SINGH, JM ./ I.T.A. NO. 6696/MUM/2013 ( / ASSESSMENT YEAR: 2009 - 10 ) DY. CIT, RA NGE - 8(1), ROOM NO. 260 - A, 2 ND FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 / VS. ALKA INDIA LTD. E - 211, CRYSTAL PLAZA, OPP. INFINITY MALL, NEW LINK ROAD, ANDHERI (W), MUMBAI - 400 053 ./ ./ PAN/GIR NO. AABCA 6702 F ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI MOHD. JAVED / RESPONDENT BY : SHRI NARAYAN SWAMI / DATE OF HEARING : 18.05.2016 / DATE OF PRONOUNCEMENT : 18.05 .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) - 16 , MUMBAI (CIT(A) FOR SHORT) DATED 13.8.2013 , CONTESTING THE LEVY OF PENALTY U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2009 - 10 VIDE ORDER DATED 28.06.2012. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, SHRI NARAYAN SWAMI (ADDUCING A WO RKING OF THE TAX IMPACT OF THE INSTANT APPEAL, SHOWING THE SAME AT RS .8,52,862/ - ) 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 VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BOARD (INSTRUCTION NO. 2 ITA NO. 6696/MUM/2013 (A.Y. 2009 - 10) DY. CIT VS. ALKA INDIA LTD. 21 OF 2015 DATED 10.12.2015 (F. NO. 279/MISC/142/2007 - IT(PT)). THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX EFFECT OF THE INSTANT APPEAL BEING WELL BELOW RS.10 LACS, THE PENALTY UNDER DISPUTE SINCE DELET ED BY THE LD. CIT(A), BEING FOR RS .8.53 LACS AND WHICH IS TO BE RECKONED AS THE TAX EFFECT IN SUCH A CASE. 3. IN VIEW OF THE FOREGOING, THE REVENUES APPEAL IS NOT MAINTAINABLE U/S. 268A OF THE ACT, REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO T HE MONETARY LIMIT PRESCRIBED BY THE BOARD, WHICH PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) IS AT RS.10 LACS FOR THE APPELLATE TRIBUNAL, I.E., FOR APPEALS PREFERRED BY THE REVENUE. THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 4 . IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON MA Y 18 , 201 6 SD/ - SD/ - ( PAWAN SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 18.05.2016 . . ./ 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