ITO 12(3)(4), MUMBAI V. MODERN ABODES P.LTD, MUMBAI

ITA 7522/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0617 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 22-05-2017
• Assessment Year: 2013-2014
• Appeal Filed On: 22-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SATYANARAYANA RAJU
• Keywords: Tax effect

Judgement Text

, SMC , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO.7522/MUM/2016 : ASST.YEAR 2013-2014 THE INCOME TAX OFFICER WARD 12(3)(4) MUMBAI. / VS. M/S.MODERN ABODES PVT. LTD. 701 URVASHI TERRACE, NEAR IDBI 14-B ROAD, KHAR (WEST) MUMBAI 400 052. PAN : AAGCM1595B. ( / APPELLANT) ( / RESPONDENT) /APPELLANT BY : SHRI B.SATYANARAYANA RAJU /RESPONDENT BY : --- NONE --- / DATE OF HEARING : 18.05.2017 / DATE OF PRONOUNCEMENT : 05 .06.2017 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST ORDER OF LEARNED CIT(A) DATED 29.09.2016 AND PERTAINS TO ASSESSMENT YEAR 2013-2014. 2. AT THE OUTSET, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED BEFORE ME THAT THE TAX EFFECT PERTAINING TO THE AMOUNTS DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.10 LAKH FIXED BY THE CBDT IN CIRCULAR NO.21 OF 2015 DATED 10 TH DECEMBER, 2015, IN RELATION TO APPEAL BEFORE THE INCOME TAX APPELLATE TRIBUNAL. TAKING INTO CONSIDERATION THE AFORESAID SUBMISSIONS OF THE LEARNED DR AND ALSO FINDING THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPECTIVELY, EVEN TO PENDING APPEALS, I DISMISS THE APPEAL FILED BY THE REVENUE, AS NOT MAINTAINABLE. ITA NO.7522/MUM/2017. M/S.MODERN ABODES PVT.LTD. 2 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED ON THIS 05 TH DAY OF JUNE, 2017. SD/- ( SHAMIM YAHYA ) / ACCOUNTANT MEMBER MUMBAI; DATED :05 TH JUNE, 2017. DEVDAS* / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A)-20, MUMBAI 5. , , / DR, ITAT, MUMBAI 6. [ / GUARD FILE. ITA NO.7522/MUM/2017. M/S.MODERN ABODES PVT.LTD. 3 DATE INITIAL 1. DRAFT DICTATED ON 19 .05.2017 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 19.05.2017 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 05.06.17 SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DRAFT DICTATION SHEETS ARE ATTACHED SR.PS