ITO 25(3)(2), MUMBAI V. KIRAN M PANCHAL, MUMBAI

ITA 6845/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4124 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-02-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 08-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G N MAKWANA
• 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.6845 & 6846/MUM/2012 ASSESSMENT YEARS:2006-07 & 2007-08 INCOME TAX OFFICER, 25(3)(2), C-11, R. NO.306, PRATYAKSH KAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400051 / VS. SHRI KIRAN M PANCHAL, R. NO.28, MILAN CHS PLOT NO.183, SECTOR-1, CHARKOP, KANDIVALI (W), MUMBAI-400067 ( ! / REVENUE) ( '#$% /ASSESSEE) PAN. NO. AIIPP9244K ! / REVENUE BY SHRI G.N. MAKWANA '#$% / ASSESSEE BY NONE & !'(%) / DATE OF HEARING : 01/02/2016 (%) / DATE OF ORDER: 01/02/2016 ITA NO.6845 & 6846/MUM/2012 SHRI KIRAN PANCHAL 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) BOTH THESE APPEALS ARE BY THE REVENUE, AGGRIEVED BY THE IMPUGNED ORDER DATED 02/08/2012, OF THE LD. FIRST A PPELLATE AUTHORITY, MUMBAI. 2. DURING HEARING OF THESE APPEALS, NOBODY WAS PRES ENT ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT WAS BROU GHT TO OUR NOTICE THAT THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PRESCRIBED 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 FOR ASSESSMENT YEAR 2006-07, THE DEMAND OF TAX IS RS.5, 94,792/- WHEREAS, FOR. A.Y. 2007-08, THE DEMAND IS RS.4,38,7 48/-, WHICH IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR F ILING THE APPEAL BEFORE THE TRIBUNAL. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PRESCRIBED MONETARY LIMI T, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EFFECT AND ADVISED/DIRECTED THE DEPAR TMENT NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DO ES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- ITA NO.6845 & 6846/MUM/2012 SHRI KIRAN PANCHAL 3 SL. NO. APPEALS IN INCOME TAX MAT TERS 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/ - AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY L IMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRI BUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/- , CONSEQUENTLY, THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR AND THE AFOREMENTIONED CIRCULAR NO. 2 1 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), O F CBDT, THE APPEALS OF THE REVENUE ARE DISMISSED AS N OT MAINTAINABLE. FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED A S NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 01/02/2016. SD/- SD/- ( G.S. PANNU ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; + DATED : 01/02/2016 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. , -. / THE APPELLANT 2. /0-. / THE RESPONDENT. ITA NO.6845 & 6846/MUM/2012 SHRI KIRAN PANCHAL 4 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