ITO 33(2)(4), MUMBAI V. NEETA ASHOK SHAH, MUMBAI

ITA 7463/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3085 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 15-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.7463/MUM/2014 ASSESSMENT YEAR: 2008-09 ITO-33(2)(4), ROOM NO.101, 1 ST FLOOR, BLDG. NO. C-11, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400051 / VS. SMT. NEETA ASHOK SHAH, B-602/601, HARMONY APTS. A.C. ROAD, NEAR DAMODAR WADI, KANDIVALI (EAST), MUMBAI-400101 / REVENUE / ASSESSEE P.A. NO . ARKPS1661E $ % & / ASSESSEE BY NONE $ % & / REVENUE BY SHRI OM PRAKASH MEENA-DR / DATE OF HEARING 20/06/2016 & / DATE OF ORDER: 20/06/2016 ITA NO.7463/MUM/2014 SMT. NEETA ASHOK SHAH 2 & / O R D E R THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 19/09/2004 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI. 2. DURING HEARING OF THIS APPEAL, NONE WAS PRESENT FOR THE ASSESSEE IN SPITE OF ISSUANCE OF REGISTERED AD NOTICE, THEREFORE, I HAVE NO OPTION BUT TO PROCEED EX-PARTE, QUA THE ASSESSEE AND TEND TO DISPOSE OF THIS APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. AT THE OUTSE T, THE LD. DR, SHRI OM PRAKASH MEENA, CONTENDED THAT THE TOTAL TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MO NETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE TH IS TRIBUNAL. 2.1. I HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TOTAL INCOME ASSES SED IS RS.22,48,457/-, RESULTING INTO TAX EFFECT, BELOW PR ESCRIBED MONETARY LIMIT OF RS.10 LAKH, FOR FILING THE APPEAL BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.2 1 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007- IT(PT), APPLICABLE WITH RETROSPECTIVE EFFECT, WHERE IN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT T O FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT E XCEED THE FOLLOWING MONETARY LIMIT.:- ITA NO.7463/MUM/2014 SMT. NEETA ASHOK SHAH 3 SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITA T 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, THE APPEAL OF THE REVE NUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 20/06/2016. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 20/06/2016 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * ( '#$ ) / THE CIT, MUMBAI. 4. ) ) * / CIT(A)- , MUMBAI 5. -./ ' , ) '#$ ' 1 , / DR, ITAT, MUMBAI 6. /2 3$ / GUARD FILE. & / BY ORDER, (-# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI