ACIT CEN CIR 30, MUMBAI V. MANJU GUPTA, MUMBAI

ITA 7226/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3695 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 05-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D PRABHAKAR REDDYDR
• Keywords: 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 NO.7226/MUM/2012 ASSESSMENT YEAR:2009-10 ACIT, CC-22 &30, ROOM NO.403, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 VS SMT. MANJU GUPTA, RAJA BAHADUR BLDG., 28, BOMBAY SAMACHAR MARG, FORT, MUMBAI-400023 ( / REVENUE) ( !'# $ /ASSESSEE) PAN. NO. AASPG0264C % & ' $ ( / DATE OF HEARING : 03/03/2016 ' $ ( / DATE OF ORDER: 03/03/2016 / REVENUE BY SHRI D. PRABHAKAR REDDY-DR !'# $ / ASSESSEE BY NONE ITA NO.7226/MUM/2012 SMT. MANJU GUPTA 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 24/09/2012, OF THE LD. FIRST APPELLATE AUTHORITY, M UMBAI, ON THE GROUND AS STATED IN THE GROUNDS OF APPEAL. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESENT FOR THE ASSESSEE. IT IS NOTICED THAT ON 12/02/2014, THE APPEAL WAS ADJOURNED AT THE REQUEST OF THE ASSESSEE. HOWE VER, AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE T AX EFFECT IN THE PRESENT APPEAL IS BELOW THE PRESCRIBED MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI D. PRABHAKAR REDDY. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT IN THE GROUNDS RAISED BEFORE LD. COMMISSIONER OF INCOME TA X (APPEALS), THE AMOUNT INVOLVED IN BOTH THE GROUNDS IS ONLY RS.4,66,607/- AND RS.16,13,521/-, MEANING THEREBY, THE TOTAL TAX DEMAND IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL. 2.2. IN VIEW OF THE FACT, THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTA INED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICABLE WITH RETRO SPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTE D BY THE ITA NO.7226/MUM/2012 SMT. MANJU GUPTA 3 BOARD NOT TO FILE APPEAL IN 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 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 APPEAL OF THE REVENUE IS NOT MAIN TAINABLE. THEREFORE, THE APPEAL OF THE REVENUE IS DISMISSED A S NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 03/03/2016. SD/- SD/- ( SANJAY ARORA ) (JOGINDER SINGH) ! ' / ACCOUNTANT MEMBER # ' /JUDICIAL MEMBER % & MUMBAI; ) DATED : 03/03/2016 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 ITA NO.7226/MUM/2012 SMT. MANJU GUPTA 4 5. 34 .$ ! , 0 +( ! 5 , % & / DR, ITAT, MUMBAI 6. ' 7& / GUARD FILE. / BY ORDER, /3+$ .$ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % & / ITAT, MUMBAI