ACIT 11(1), MUMBAI V. NASIR HUSSAIN FILMS P.LTD, MUMBAI

ITA 7076/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3938 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-11-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 04-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK ANAND OJHADR
• Assessee Lawyers: NEHA PARANJAPE
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.7076/MUM/2013 ASSESSMENT YEAR: 2007-08 ACIT-11(1), ROOM NO.439, AAYAKAR BHAVAN, M.K.MARG, MUMBAI-400020 / VS. M/S NASIR HUSSAIN FILMS PVT. LTD. 24, PALI HILL, NARGIS DUTT ROAD, BANDRA (W), MUMBAI-400050 ( / REVENUE ) ( !' # /ASSESSEE) PAN. NO . AAACN1453F / REVENUE BY SHRI VIVEK ANAND OJHA-DR !' # / ASSESSEE BY SHRI NEHA PARANJAPE $ % & # ' / DATE OF HEARING : 28/04/2016 & # ' / DATE OF ORDER: 03/05/2016 ITA NO.7076/MUM/2013 NASIR HUSSAIN FILMS PVT. LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 16/09/2013 OF THE FIRST APPELLATE AUTHORITY, MUMBAI . 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, M S. NEHA PARANJAPE, LD. COUNSEL FOR THE ASSESSEE CONTEN DED THAT IN THE PRESENT APPEAL, THE TOTAL TAX EFFECT IS BELO W PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI VIVEK ANAND OJHA, DID NO T CONTROVERT THE FACTUAL MATRIX. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTI ON NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007- IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHERE IN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT T O FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT E XCEED 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.7076/MUM/2013 NASIR HUSSAIN FILMS PVT. LTD. 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 28/04/2016. SD/- SD/- ( ASHWANI TANEJA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER $ % MUMBAI; ( DATED : 03/05/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 $ 1# ( *+ ) / THE CIT, MUMBAI. 4. 0 0 $ 1# / CIT(A)- , MUMBAI 5. 23 .# , 0 *+' * 4 , $ % / DR, ITAT, MUMBAI 6. 5! 6% / GUARD FILE. / BY ORDER, /2+# .# //TRUE COPY// / (DY./ASSTT. REGISTRAR) , $ % / ITAT, MUMBAI