ITO 16(3)(4), MUMBAI V. SAROJ P. MEHTA, MUMBAI

ITA 7299/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3068 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 12-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3); 68

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAILENDRA KUMAR YADAV , JM AND SHRI RAJESH KUMAR, AM ./ I.T.A. NO. 7299 /MUM/ 201 3 ( / ASSESSMENT YEAR : 20 09 - 10 ) INCOME TAX OFFICER - 1 6 ( 3 )( 4 ), MATRU MANDIR, TARDEO ROAD, MUMBAI - 400007 / VS. SMT.S AROJ P MEHTA, 1/28, KALYAN BLDG, 156, KHADILKAR ROAD, MUMBAI - 400004 ./ PAN : AHDPM9420E / REVENUE BY SHRI V INOD KUMAR / ASSESSEE BY NONE / DATE OF HEARING : 1 4 .6. 2016 / DATE OF PRONOUNCEMENT :1 4 . 6. 2016 / O R D E R PER RAJESH KUMAR, A. M: THIS IS AN APPEAL FILED BY THE R EVENUE CHALLENGING THE ORDER DATED 30.9 .201 3 PASSED BY LD.CIT(A) - 27 , MUMBAI , FOR ASSESSMENT YEAR 20 09 - 10 BY WHICH THE REVENUE IS CHALLENGING THE DELETI ON OF ADDITION MADE BY THE AO U/S 68 OF THE INCOME TAX ACT , 196 1 . 2. THE FACTS OF THE CASE ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME ON 5.11.2009 DECLARING TOTAL INCOME AT RS. 1,73,470/ - . THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY AND THE ASSESSING OFFICER AFTER MAKING CERTAIN DISALLOWANCES FRAMED THE ASSESSMENT U/S 143(3) AT RS. 2 0,88,540/ - . AGGRIEVED BY THE ORDER OF THE AO , THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD.CIT(A), WHO IN TURN DELETED TH E ADDITION TO THE EXTENT OF RS. 4,11,367/ - ON VARIOUS ACCOUNTS. BEING AGGRIEVED BY THE ORDER OF LD.CIT(A), THE REVENUE I S IN APPEAL BEFORE US. 2 7299 /MUM/ 201 4 3 . AT THE OUTSET, WE WOULD LIKE TO POINT OUT THAT LD. CIT(A) HAS DELETED THE AMOUNT OF RS. 4 , 11,367/ - UNDER VARIOUS HEADS , AND HENCE, THE TAX EFFECT INVOLVED IN THIS APPEAL REMAINS BELOW RS.10 LACS . EVEN CONSIDERING THE ADDITION MADE BY THE AO, THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS.10 LAKHS. T HE CENTRAL BOARD OF DIRECT TAXES, HAS ISSUED A CIRCULAR BEARING NO.21/2015 DATED 10.12.2015 PRESCRIBING NEW MONETARY LIMIT OF RS.10.00 LAKHS FOR PREFERRING APPEAL AGAINST THE ORDERS PASSED BY LD CIT(A) BEFORE THE TRIBUNAL. ACCORDING TO THE ABOVE SAID CIRCULAR, THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL, AS THE SAID CIRCULAR HAS RETROSPECTIVE EFFECT AND IS APPLICABLE TO THE EXISTING APPEALS ALSO. ACCORDINGLY, W E HAVE HEARD THE LD. DR AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE QUANTUM IN DISPUTE IS RS. 16,77,173/ - AND THE TAX EFFECT INVOLVED THEREIN IS LESS THAN RS.10 LAKHS. T HEREFORE , IN VIEW OF THE INSTRUCTION ISSUED BY CBDT , WE FIND THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS AND THEREFORE, THIS APPEAL IS NOT MAINTAINABLE. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE BEING BELOW RS.10 LAKHS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 4 .6. 2016. ( SHAILENDRA KUMAR YADAV ) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; D ATED : 1 4 .6.2016 SR.PS:SRL: 3 7299 /MUM/ 201 4 / 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, TRUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI