ITO 2(3)(2), MUMBAI V. SHREE BAL CONSTRUCTIONS P. LTD, MUMBAI

ITA 7374/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1786 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2016
• Appeal Filed By: Department
• Bench Allotted: E
• Next Hearing Date: 30-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 16-12-2013
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Assessee Lawyers: KALPESH TURALKAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI ASHWANI TANEJA (ACCOUNTANT MEMBER) I.T.A. NO.7374/MUM/2013 (ASSESSMENT YEAR : 2009-10) INCOME TAX OFFICER 21(3)(2) MUMBAI VS M/S SHREE BAL CONSTRUCTIONS PVT LTD, BUONO CASA, OFFICE 4, 2 ND FLOOR, OPP. KASHMIR ART EMPORIUM, MUMBAI-1 PAN : AABCS1781J (APPELLANT) (RESPONDENT) APPELLANT BY SHRI B.S. BIST RESPONDENT BY SHRI KALPESH TURALKAR DATE OF HEARING : 30-11-2016 DATE OF ORDER : 02-12-2016 O R D E R PER ASHWANI TANEJA, AM: THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-6, MUMBAI [HER EINAFTER CALLED CIT(A)] DATED 20-09-2013 PASSED AGAINST THE PENALTY ORDER OF THE AO U/S 271(1)(C) DATED 29-06-2012 FOR A.Y. 2009-10. 2. DURING THE COURSE OF HEARING, IT WAS JOINTLY STATED BY BOTH THE PARTIES THAT TAX EFFECT IN THIS CASE IS LESS THAN RS.10 LAK HS, THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CIRCULAR ISSUED BY THE CBDT NO.21 OF 2015 DATED 10-12-2015. 2 I.T.A. NO.7374/MUM/2013 3. WE HAVE GONE THROUGH THE ORDERS PASSED BY THE LOWER AUTHORITIES AND FIND THE CONTENTION MADE BY THE PARTIES AS FACT UALLY CORRECT. IT IS NOTED THAT TAX EFFECT IN THIS APPEAL IS LESS THAN R S.10 LAKHS, THEREFORE, THIS APPEAL IS NOT MAINTAINABLE IN VIEW OF THE AFORESAID CIRCULAR. THE APPEAL IS DISMISSED AS WITHDRAWN. HOWEVER, OUR ORDER SHALL H AVE NO BEARING ON THE MERITS OF THIS CASE. 4. AS A RESULT, THE APPEAL FILED BY THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE CONCLUSIO N OF HEARING. SD/- SD/- (MAHAVIR SINGH) (ASHWANI TANEJA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 02.12. 2016 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE , E-BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES