ITO 14(2)(4), MUMBAI V. KISHORE LAKHANI, MUMBAI

ITA 747/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3475 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2002-2003
• Appeal Filed On: 31-01-2014
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANDRAN
• Keywords: Tax effect
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI SANJAY GARG (JM) I.T.A. NO. 747 /MUM/ 20 1 4 (ASSESSMENT YEAR 200 2 - 0 3 ) ACIT 14(2)(4) ROOM NO. 30 3 3 RD FLOOR EARNEST HOUSE NCPA MARG MUMBAI - 400 02 1 . VS. SHRI KI SHORE LAKHANI PROP . OF M/S. MOHAN IMPEX 446, SWADESHI MARKET GOPAL GALLI MUMBAI - 400 002. ( APPELLANT ) ( RESPONDENT ) PAN NO . AACPL0821C ASSESSEE BY NONE DEPARTMENT BY SHRI A. RAMACHANDRAN DATE OF HEARING 24 .8 . 201 6 DATE OF PRONOUNCEMENT 24 .8 . 2 01 6 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 4.11.2013 PASSED BY LEARNED CIT(A) - 25 , MUMBAI AND IT RELATES TO A.Y. 200 2 - 0 3 . 2. THE REVENUE IS AGGRIEVED BY THE DECISION OF LEARNED CIT(A) IN SUSTAINING THE ADDITION MADE BY THE ASSESSING OFFICER U/S. 69 OF THE ACT. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. LEARNED DR FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN ` 10 LAKHS. 4. WE HAVE HEARD LEARNED DEPARTMEN TAL REPRESENTATIVE AND PERUSED THE RECORD. WE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN ` 10 LAKHS. HENCE, THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL AS PER THE CIRCULAR NO. 21/2015 DATED 10.12.2015 ISSUED BY THE CBDT. WE ALS O NOTICED SHRI KISHORE LAKHANI 2 THAT THE ISSUE CONTESTED IN THIS APPEAL IS NOT COVERED BY THE EXCEPTION PROVIDED IN PARA 8 OF THE CIRCULAR (SUPRA). 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 24. 8 .2 016 SD/ - SD/ - (SANJAY GARG ) (B.R.BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 24 / 8 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLA NT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS