ITO 25(3)(2), MUMBAI V. JEETENDRA S. KANUGA, MUMBAI

ITA 6982/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8850 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 25-01-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 14-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T A KHAN
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ./ I.T.A. 6982 / MUM/201 4 ( / ASSESSMENT YEAR: 20 09 - 10 ) INCOME TAX OFFI CER 25(3)( 2 1) , C - 11 ROOM NO.306, PRATYAKASH KAR BHAVAN, BKC, BANDRA(E), MUMBAI - 400051 / VS. SHRI JEETENDRA S KANUGA, FLAT NO.1101 - 1102, DEEP - 2, LOKHANDWALA COMPLEX, ANDHERI(W), MUMBAI - 400053 ./ ./ PAN : AFVPK4136K ( / APP LICANT ) : ( / RESPONDENT ) / APP LICANT BY : SHRI T A KHAN /RESPONDENT BY : NONE / DATE OF HEARING : 25.1.2017 / DATE OF PRONOUNCEMENT : 25.1.2017 / O R D E R PER RAJESH KUMAR, A. M: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER PASSED BY THE LD.CIT(A), MUMBAI DATED 13.8.2014 FOR THE ASSESSMENT YEAR 2009 - 10. 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFECT IN THE APPEAL OF THE REVENUE IS B ELOW RS.10 LAKHS, THEREFORE, THE SAME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISE D FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 2 ITA NO. 6982 /MUM201 4 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. THIS CIRCULAR IS RETROSPECT IVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 3 . CONSIDERING THE ABOVE CBDT CIRCULAR, WE DISMISS THE APPEAL OF THE REVENUE. 4 . I N THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25. 1.2017 . S D SD ( MAHAVIR SINGH ) ( RAJESH KUMAR) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 25. 1. 201 7 SRL,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, T RUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI