ITO 6(1)(3), MUMBAI V. ARK INDUSTRIES P.LTD, MUMBAI

ITA 7463/MUM/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2028 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 18-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAM IT KOCHAR, ACCOUNTANT MEMBER ITA NO.7463/MUM/2013 ASSESSMENT YEAR: 2009-10 ITO-6(1)(3), ROOM NO.505, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 / VS. M/S ARK INDUSTRIES PVT LTD. 103, 1 ST FLOOR, STEEL CENTRE, AHMEDABAD STREET, CARNAC BUNDER, MASJID BUNDER, MUMBAI-400009 ( / REVENUE) ( !'# /ASSESSEE) PAN. NO. AAECA8885E $ % & ' / DATE OF HEARING : 17/12/2015 & ' / DATE OF ORDER: 17/12/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 21/10/2013 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI. ! / REVENUE BY MS. VINITA MENON !'# ! / ASSESSEE BY SHRI ASHOK PATIL M/S ARK INDUSTRIES PVT. LTD. ITA NO.7463/MUM/2013 2 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SHRI ASHOK PATIL, CONTENDED THAT THE APPEAL OF THE REVEN UE IS NOT MAINTAINABLE AS THE TAX EFFECT IS BELOW PRESCRI BED MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROV ERTED BY MS. VINITA MENON, LD. DR. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. BEFORE US , THE STAND OF THE ASSESSEE IS THAT THE TOTAL INCOME COMP UTED BY THE ASSESSING OFFICER IS RS22,82,291/- ON WHICH TH E TAX EFFECT COMES TO RS.7,05,228/- WHICH IS BELOW THE PR ESCRIBED LIMIT OF RS.10 LAKH. THIS FACTUAL MATRIX WAS CONSEN TED TO BE CORRECT BY LD. DR. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN T HE APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, AS CONTAINED IN CBDT INSTRUCTI ON NO.3/2011 DATED 09/02/2011, FURTHER INSTRUCTION NO.5/2014 (F NO.279/MISC./142/2007-IT(PT) DATED 10/07/2014. THE CBDT REVISED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE VARIOUS AUTHORITIES/COURTS VIDE C BDT CIRCULAR NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EF FECT AND ADVISED/DIRECTED THE DEPARTMENT NOT TO FILE APP EAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- M/S ARK INDUSTRIES PVT. LTD. ITA NO.7463/MUM/2013 3 SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE IT AT 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, IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE LD. REPRESENTATIVE FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 17/12/2015 SD/- SD/- ( RAMIT KOCHAR ) (JOGINDER SINGH) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER $ % MUMBAI; ) DATED : 17/12/2015 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,-. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. 1 1 $ 2 ( +, ) / THE CIT, MUMBAI. 4. 1 1 $ 2 / CIT(A)- , MUMBAI M/S ARK INDUSTRIES PVT. LTD. ITA NO.7463/MUM/2013 4 5. 45 / ! , 1 +,' +! 6 , $ % / DR, ITAT, MUMBAI 6. 7' 8% / GUARD FILE. ! / BY ORDER, 04, / //TRUE COPY// /! (DY./ASSTT. REGISTRAR) , $ % / ITAT, MUMBAI