DCIT 10(1), MUMBAI V. LEIGHTON CONTRACTORS (I) P.LTD, MUMBAI

ITA 6767/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4191 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-07-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 05-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHISH JAIN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI .. , , , BEFORE, SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI JOGINDER SINGH, JUDICIAL MEMBER ITA NO.6767/MUM/2012 ASSESSMENT YEAR:2007-08 DCIT-10(1), 455, AAYAKAR BHAVAN, 4 TH FLOOR, M.K. MARG, MUMBAI-400020 / VS. M/S LEIGHTON CONTRACTORS (I) PVT. LTD. 302/303, WINDSOR BLD. 3 RD FLOOR, CST ROAD, VIDAYNAGARI MARG, KALINA, SANTACRUX (EAST) MUMBAI-400098 ( ! / REVENUE) ( '#$% /ASSESSEE) PAN. NO. AAACL3338D '#$% / ASSESSEE BY SHRI ASHISH JAIN ! / REVENUE BY SHRI PRAMOD NIKALJE & !'(%) / DATE OF HEARING : 04/02/2016 (%) / DATE OF ORDER: 05/02/2016 ITA NO.6767/MUM/2012 LEIGHTON CONTRACTORS (I) PVT. LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER D ATED 13/08/2012 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. 2. DURING HEARING OF THIS APPEAL, SHRI ASHISH JAI N, LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIB ED MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI G.N. MAKWANA. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT IN THIS CASE, THE TAX EFFECT IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH, THEREFORE, IN VIEW OF, CBDT INSTRUCTION NO.21 OF 2 015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EFFECT, WHEREIN, THE BOARD HAS ADVISE D/DIRECTED THE DEPARTMENT NOT TO FILE APPEAL IN THE CASES WHER E THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT .:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NO.6767/MUM/2012 LEIGHTON CONTRACTORS (I) PVT. LTD. 3 CONSIDERING THE AFORESAID INSTRUCTION AND THE FACTU AL MATRIX THAT THE TAX EFFECT IS LESS THAN RS.10,00,00 0/-, AS ADMITTED/CANVASSED BY THE REPRESENTATIVE FROM BOTH SIDES, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINT AINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN TH E PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 04/02/2016. SD/- SD/- ( G.S. PANNU ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; + DATED : 05/02/2016 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. , -. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. 11 & 2% ( , ) / THE CIT, MUMBAI. 4. 11 & 2% / CIT(A)- , MUMBAI 5. 4!5/%' , 1, ),'6 , & ' / DR, ITAT, MUMBAI 6. 7#8' / GUARD FILE. / BY ORDER, 04%/% //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI