ITO 21(1)(2), MUMBAI V. BHAGYAUDAY SAHAKARI PATHPEDHI LTD, MUMBAI

ITA 7159/MUM/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9742 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 06-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M HEMALATHA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER ITA NO.7158/MUM/2016 (AY. 2012-13) ITA NO.7159/MUM/2016 (AY. 2013-14) THE ITO-21(1)(2), ROOM NO.104, 1 ST FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI 400 012. ...... APPELL ANT VS. M/S. BHAGYAUDAY SAHAKARI PATHPEDHI LTD. 4/2, WANI CHAWAL, N.M.JOSHI MARG, OPP.PODAR MILL, LOWER PAREL MUMBAI -400 011 PAN:AABCL 0655N .... RESPONDENT APPELLANT BY : MS. M.HEMALATHA RESPONDENT BY : NONE DATE OF HEARING : 25/07/2017 DATE OF PRONOUNCEMENT : 31/07/2017 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEALS FILED BY THE REVENUE PERTA INING TO ASSESSMENT YEARS 2012-13 & 2013-14 ARE DIRECTED AGAINST A CONS OLIDATED ORDER PASSED BY CIT(A)-33, MUMBAI DATED 06/09/2016, WHICH IN TURN, ARISE OUT OF ORDERS PASSED BY THE ASSESSING OFFICER UNDER SECTION 143 (3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 18/03/2015 AND 2 9/12/2015. 2. AT THE TIME OF HEARING, IT WAS NOTED THAT NONE APPEARED ON BEHALF OF THE ASSESSEE INSPITE OF NOTICE OF HEARING BEING S ERVED UPON THE ASSESSEE. THEREFORE, I PROCEED TO DISPOSE-OFF THE APPEALS EX- PARTE QUA THE RESPONDENT 2 ITA NO.7158/MUM/2016 (AY. 2012-13) ITA NO.7159/MUM/2016 (AY. 2013-14) ASSESSEE AFTER HEARING THE LD. DEPARTMENTAL REPRES ENTATIVE ON MERITS IN TERMS OF RULE -25 OF INCOME TAX (APPELLATE TRIBUNAL ) RULES, 1963. ITA NO.7158/MUM/2016: 3. AT THE TIME OF HEARING, IT WAS OBSERVED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS AS PRESCRIB ED IN THE CBDT CIRCULAR NO.21/2015 DATED 10/12/2015, WHICH HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIB UNAL RETROSPECTIVELY. THE LD. DEPARTMENTAL REPRESENTATIVE HAS NOT DISPUTED TH E AFORESAID FACT- SITUATION. IN VIEW OF THE ABOVE, APPEAL FILED BY TH E IS NOT MAINTAINABLE, THEREFORE, THE SAME IS DISMISSED. ITA NO.7159/MUM/2016: 4. IN THIS CASE, THE ASSESSING OFFICER MADE A DISA LLOWANCE UNDER SECTION 80P(2)(A)(I)OF THE ACT OF RS.32,65,357/- AND THE C IT(A) HAS DELETED THE DISALLOWANCE MADE BY THE ASSESSING OFFICER. THE TA X EFFECT ON THIS DISPUTED INCOME COMES TO RS.9,76,608/-, EXCLUDING THE SURCHA RGE AND EDUCATION CESS OF RS.29,298/- MUMBAI BENCH OF THE TRIBUNAL IN TH E CASE OF DCIT VS. M/S. DOME BELL ELECTRONICS INDIA LTD., IN ITA NO.2480/MU M/2012 DATED 22/07/2016 HAS HELD THAT FOR THE PURPOSES OF CONSID ERING THE AMOUNT OF TAX EFFECT AS ENVISAGED IN CBDT CIRCULAR DATED 10/12/20 15 (SUPRA), WHAT HAS TO BE CONSIDERED IS THE AMOUNT OF TAX EXCLUDING THE AM OUNT OF SURCHARGE AND EDUCATION CESS. THEREFORE, IN THIS VIEW OF THE MAT TER, THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BEL OW THE MONETARY LIMIT OF 3 ITA NO.7158/MUM/2016 (AY. 2012-13) ITA NO.7159/MUM/2016 (AY. 2013-14) RS.10.00 LACS SPECIFIED IN THE CBDT CIRCULAR DATED 10/12/2015 (SUPRA), THEREFORE, THE CAPTIONED APPEAL IS DISMISSED AS NOT MAINTAINABLE. 5. IN THE RESULT, APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 1/07/2017 SD/- (G.S. PANNU) ACCOCUNTANT MEMBER MUMBAI, DATED 31/07/2017 VM , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI