DCIT 1(2)(2), MUMBAI V. MILLENIUM LAND DEVELOPERS P.LTD, MUMBAI

ITA 7520/MUM/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4845 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 22-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S ABI RAMA KARTHIKEYAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.7520/M/2016 ASSESSMENT YEAR: 2009-10 DCIT 1(2)(2), ROOM NO.535, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. MILLENIUM LAND DEVELOPERS PVT. LTD., 101, A WING, ASHOKA TOWER, KUKUPWADIA, BORIVALI (E), MUMBAI 400 066 PAN: AAFCM 1487M (APPELLANT) (RE SPONDENT) CO NO.159/M/2019 (ITA NO.7520/M/2016) ASSESSMENT YEAR: 2009-10 M/S. MILLENIUM LAND DEVELOPERS PVT. LTD., 101, A WING, ASHOKA TOWER, KUKUPWADIA, BORIVALI (E), MUMBAI 400 066 PAN: AAFCM 1487M VS. DCIT 1(2)(2), ROOM NO.535, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI S. ABI RAMA KARTHIKEYAN, A.R. REVENUE BY : SHRI ROHAN SHAH, D.R. DATE OF HEARING : 09.07.2019 DATE OF PRONOUNCEMENT : 08.08.2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE ABOVE TITLED APPEAL BY THE REVENUE AND THE CRO SS OBJECTION BY THE ASSESSEE HAVE BEEN PREFERRED AGAIN ST THE ORDER DATED 04.08.2016 OF THE COMMISSIONER OF INCOME TAX (APPEALS) ITA NO.7520/M/2016 M/S. MILLENIUM LAND DEVELOPERS PVT. LTD. 2 [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2009-10. 2. THE TAX EFFECT IN THIS APPEAL IS BELOW RS.20 LAK HS AND THEREFORE THE SAME IS NOT MAINTAINABLE IN TERMS OF BOARDS CIRCULAR NO.3/2018 (F.NO.279/MISC.142/2007-ITJ (PT) ] DATED 11.07.2018 AND IS DISMISSED. CO NO.159/M/2019 3. AT THE TIME OF HEARING, THE LD. A.R. SUBMITTED B EFORE THE BENCH THAT CROSS OBJECTION FILED BY THE ASSESSEE IS NOT PRESSED AND THEREFORE THE SAME IS ALSO DISMISSED AS NOT PRE SSED. 4. IN THE RESULT, APPEAL OF THE REVENUE AS WELL AS CROSS OBJECTION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08.08.2019. SD/- SD/- (MAHAVIR SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 08.08.2019. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY /ASSTT. REGISTRAR, ITAT, MUMBAI.