ITO 19(2)(4), MUMBAI V. NAV SHANTI NAGAR CHS LTD, MUMBAI

ITA 739/MUM/2015

• Counselvise Citation: 73919914 RSA 2015
• Duration Of Justice: 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 03-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VISHWAS JADHAV
• Assessee Lawyers: KEYUR DHAMI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ' SMC ' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT ITA NO S . 737 & 739 /MUM/2015 (ASSESSMENT YEAR S : 2006 - 07 & 2007 - 08 ) INCOME TAX OFFICER - 19(2)(4) VS. M/S. NAV SHANTI NAGAR CHS LTD. 2ND FLOOR, MATRU MANDIR TARDEO ROAD, MUMBAI 400007 98, NEPEAN SEA ROAD MUMBAI 400006 PAN - AAAAN5796K APPELLANT RESPONDENT APPELLANT BY: SHRI VISHWAS JADHAV RESPONDENT BY: SHRI KEYUR DHAMI DATE OF HEARING: 22.09. 2015 DATE OF PRONOUNCEMENT: 22 .0 9 .2015 O R D E R PER D. MANMOHAN, V.P. THESE TWO APPEALS ARE FILED AT THE INSTANCE OF THE REVENUE AND THEY PERTAIN TO A.Y. 2006 - 07 AND 2007 - 08. THEY ARISE OUT OF THE ORDER PASSED BY THE CIT(A) - 30, MUMBAI. 2. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN EACH OF THESE CASES IS LESS THAN ` 4,00,000/ - AND AS PER THE INSTRUCTIONS ISSUED BY THE CBDT THE REVENUE IS N OT ENTITLED TO PROSECUTE APPEAL UNLESS SPECIFIC REASON IS GIVEN IN THE AUTHORISATION MEMO. 3. THE LEARNED D.R. ADMITTED THAT NO REASON WAS GIVEN BY THE COMMISSIONER OF INCOME TAX, IN THE AUTHORISATION MEMO, AS TO WHY APPEALS HAVE TO BE FILED DESPITE THE FACT THAT IN EACH CASE THE TAX EFFECT IS LESS THAN ` 4,00,000 / - . 4. THE LEARNED COUNSEL FOR THE ASSESSEE PLACED BEFORE ME A COPY OF THE ORDER OF THE SMC BENCH IN ASSESSEES OWN CASE FOR A.Y. 2008 - 09 AND 2009 - 10 (ITA NOS. 7 40& 741/MUM/2015) WHEREIN ON IDENTICAL ITA NO S .737 & 739 /MUM/2015 M/S. NAV SHANTI NAGAR CHS LTD. 2 CIRCUMSTANCES THE TRIBUNAL DISMISSED THE APPEALS FILED BY TH E REVENUE AS NON - MAINTAINABLE. 5. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, THE TAX EFFECT INVOLVED IN EACH OF THESE APPEAL B EING LESS THAN ` 4,00,000/ - , THE APPEALS FILED BY THE REVENUE ARE DISMISSED AS NON - MAINTAINABLE IN THE LIGHT OF THE CIRCULAR ISSUED BY THE CBDT. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND SEPTEMBER , 2015. SD/ - (D. MANMOHAN) VICE PRESIDENT MUMBAI, DATED: 22 ND SEPTEMBER , 2015 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 30 , MUMBAI 4. THE CIT 19 , MUMBAI CITY 5. THE DR, SMC BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI