ITO 25(2)(2), MUMBAI V. MAHESH M PUROHIT, MUMBAI

ITA 6751/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3318 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 07-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SACHCHIDANAND DUBE
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ./ I.T.A. NO. 6751 /MUM/ 2014 ( / ASSESSMENT YEAR : 20 08 - 09 ) INCOME TAX OFFICER - 25(2)(2) , C - 11, ROOM NO.106, PRATYAKSHAKAR BHAVAN, BANDRA - KURLA COMPLEX, BANDRA (E), MUMBAI - 400051. / VS. SHRI MAHESH M PUROHIT, 101, AMRITA APARTMENTS, RAJENDRA NAGAR, KULUPWADI ROAD, BORIVALI, (E), MUMBAI - 400066. ./ PAN : AFVPP1238H / REVENUE BY SHRI SACHCHIDANAND DUBE / ASSESSEE BY SHRI BHUPENDRA SHAH / DATE OF HEARING : 1.6. 2016 / DATE OF PRONOUNCEMENT : 1.6. 2016 / O R D E R PER RAJESH KUMAR, A. M: THIS IS AN APPEAL FILED BY THE REVENUE CHALLENGING THE ORDER DATED 22.8.2014 OF LD.CIT(A) 3 5, MUMBAI , FOR ASSESSMENT YEAR 20 08 - 09 BY WHICH THE REVENUE IS CHALLENGING THE DELETI ON OF ADDITION OF RS. 32,07,061/ - . 2. THE FACTS OF THE CASE ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME ON 25.09.2008 DECLARING TOTAL INCOME AT RS. 6,42,500/ - . THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY AND THE ASSESSING OFFICER AFTER MAKING CERTAIN DISALLOWANCES FRAMED THE ASSESSMENT U/S 143(3) AT RS. 39,39,560/ - . AGGRIEVED BY THE ORDER OF THE AO , THE ASSESSEE PREFERRED AN APPEAL BEFORE THE 2 3313 /MUM/ 201 4 LD.CIT(A), WHO IN TURN DELETED TH E ADDITION OF RS. 32,07,061/ - . BEING AGGRIEVED BY THE ORDER OF LD.CIT(A), THE REVENUE IS IN APPEAL BEFORE US. 3 . AT THE OUTSET, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE LD. CIT(A) HAS DELETED THE AMOUNT OF RS.32,07,061/ - AND HENCE, THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LACS . EVEN CONSIDERI NG THE ADDITION MADE BY THE AO, THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS. THE LD. AR ALSO SUBMITTED THAT RECENTLY , THE CENTRAL BOARD OF DIRECT TAXES, HAS ISSUED A CIRCULAR BEARING NO.21/2015 DATED 10.12.2015 PRESCRIBING NEW MONETARY L IMIT OF RS.10.00 LAKHS FOR PREFERRING APPEAL AGAINST THE ORDERS PASSED BY LD CIT(A) BEFORE THE TRIBUNAL. ACCORDING TO THE ABOVE SAID CIRCULAR, THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL, AS THE SAID CIRCULAR HAS RETROSPECTIVE EFFECT AND IS APPLICA BLE TO THE EXISTING APPEALS ALSO. ACCORDINGLY, W E HAVE HEARD THE LD. DR AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE QUANTUM IN DISPUTE IS RS. 32,07,061/ - - AND THE TAX EFFECT INVOLVED THEREIN IS LESS THAN RS.10 LAKHS. T HEREFORE , FOLLOWING THE INST RUCTION ISSUED BY CBDT , WE FIND THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS AND THEREFORE, THIS APPEAL IS NOT MAINTAINABLE. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE BEING BELOW RS.10 LAKHS. 4. IN THE RESULT, THE APPEAL OF T HE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1.6. 2016. SD SD ( MAHAVIR SINGH ) (RAJESH KUMAR) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 1.6. 2016 SR.PS:S RL: 3 3313 /MUM/ 201 4 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, I TAT, MUMBAI 6. / GUARD F ILE / BY ORDER, TRUE COPY [ / (DY. /ASSTT. REGISTRAR) , / ITAT, MUMBAI