ACIT 24(1), MUMBAI V. BIJU DHANPALAN, MUMBAI

ITA 6778/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84379 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 06-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK BATRA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA NO. 6778/MUM/2012 ASSESSMENT YEAR: 2008-09 ACIT-24(1) C-13, R.NO. 503, PRATYAKSHKAR BHAVAN, BANDRA (E) MUMBIA VS. SHRI BIJU DHANPALAN, C-85, MIRAAJ RESIDENCY, JANKALYAN NAGAR, OFF MARVE ROAD, MALAD (W), MUMBAI 400 095 PAN:AAIPD 6618 H (APPELLANT) (RESPON DENT) REVENUE BY : SHRI VIVEK BATRA ASSESSE E BY : NONE DATE OF HEARING : 09.12.2014 DATE OF ORDER : 09 . 12 .2014 O R D E R PER AMIT SHUKLA, JM: THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AGA INST ORDER DATED 17.08.2012, PASSED BY THE LD.CIT(A) -34 , MUMBAI. THE SOLE ISSUE RAISED, IS THE DELETION OF ADDITION OF RS.9,9 3,000/- ON ACCOUNT OF CERTAIN EXPENDITURE DISALLOWED BY THE AO. 2. AT THE OUTSET IT WAS NOTICED THAT THE TAX EFFECT OF THE DISPUTED ADDITION IS LESS THAN 4 LAKHS. THE LD. DR POINTED O UT THAT THE ACTUAL TAX EFFECT IS RS.3,37,682/-. ITA NO. 6778/MUM/2012 SHRI BIJU DHANPALAN, ASSESSMENT YEAR: 2008-09 2 3. ADMITTEDLY IN THIS CASE THE TAX EFFECT ON THE DI SPUTED ISSUE IS LESS THAN FOUR LAKHS. NOW IN VIEW OF INSTRUCTION NO. 5/2 014, DATED 10.07.2014, THE REVENUE SHOULD NOT FILE ANY APPEAL BEFORE THE TRIBUNAL, WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY L IMIT OF RS. 4,00,000/-. THE HONBLE BOMBAY HIGH COURT TIME AND AGAIN HELD THAT THE INSTRUCTIONS/CIRCULARS PRESCRIBING MONETARY LIM IT FOR FILING OF THE APPEAL WILL HAVE RETROSPECTIVE EFFECT AND WOULD BE APPLICABLE ON PENDING APPEAL ALSO. IN THE CASE OF CIT VS. SHRI MAHDHUKAR K. INAMDAR (HUF) THANE IN ITA NO. 1021 TO 1025 OF 2008, VIDE ORDER D ATED 02.10.2009, THE HONBLE HIGH COURT WHILE INTERPRETING THE CBDT CIRCULAR DATED 15.05.2008, HELD THAT SUCH CIRCULARS WILL BE APPLIC ABLE ON THE OLD APPEAL ALSO. THEIR LORDSHIPS HAVE ALSO REFERRED TO THE EAR LIER DECISIONS OF THE HONBLE BOMBAY HIGH COURT. IN VIEW OF THE AFORESAID BINDING PRECEDENCE OF THE HONBLE JURISDICTIONAL HIGH COURT, WE HOLD T HAT THE APPEAL FILED BY THE REVENUE IN THE PRESENT CASE IS NOT MAINTAINABLE AS THE TAX EFFECT IS LESS THAN FOUR LAKHS. ACCORDINGLY THE APPEAL FILED BY THE REVENUE IS TREATED AS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 09 TH DAY DECEMBER, 2014. SD/- SD/- (N.K. BILLAIYA) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 09.12.2014 *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR B BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.