DCIT 9(3), MUMBAI V. NANCY V SILVA, MUMBAI

ITA 7125/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3920 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 01-10-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 29-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANDHIR GUPTADR
• 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 SANJAY ARORA, ACCOUNTANT MEMBER ITA NOS.7125 & 7126/MUM/2012 ASSESSMENT YEARS:2006-07 DCIT-9(3), 2 ND FLOOR, ROOM NO.229, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 MRS. NANCY V. SILVA, 102, SILVER BECIZA, 48, ST. FRANCIS AVENUE, SANTACRUZ (W), MUMBAI-400054 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO. AAPPS5830H % & ' $ ( / DATE OF HEARING : 22/02/2016 ' $ ( / DATE OF ORDER: 29/02/2016 / REVENUE BY SHRI RANDHIR GUPTA-DR !'# $ / ASSESSEE BY NONE ITA NOS.7125 & 7126/MUM/2012 MRS. NANCY V.SILVA 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) BOTH THESE APPEALS ARE BY THE REVENUE, AGGRIEVED BY THE IMPUGNED ORDER BOTH DATED 25/09/2012, OF THE LD. FI RST APPELLATE AUTHORITY, MUMBAI, ON THE GROUNDS STATED THEREIN. 2. DURING HEARING OF THESE APPEALS, NONE WAS PRESE NT ON BEHALF OF THE ASSESSEE. HOWEVER, AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THE RE SPECTIVE APPEAL IS BELOW PRESCRIBED MONETARY LIMIT. THIS FAC TUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI RANDHIR GU PTA. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PRESCR IBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNA L. 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), APPLICA BLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE 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 BE FORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - ITA NOS.7125 & 7126/MUM/2012 MRS. NANCY V.SILVA 3 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, THE APPEALS OF THE REVENU E ARE DISMISSED AS NOT 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 22/02/2016. SD/- SD/- ( SANJAY ARORA ) (JOGINDER SINGH) ! ' / ACCOUNTANT MEMBER # ' /JUDICIAL MEMBER % & MUMBAI; ) DATED : 29/02/2016 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. 34 .$ ! , 0 +( ! 5 , % & / DR, ITAT, MUMBAI 6. ' 7& / GUARD FILE. / BY ORDER, /3+$ .$ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % & / ITAT, MUMBAI