ADDL CIT CIR 15(1), MUMBAI V. THE NRK & CO, MUMBAI

ITA 7972/MUM/2011

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2011 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-03-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 25-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M SUBRAMANIAN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NOS.7972 & 7973/MUM/2011 ASSESSMENT YEARS: 2007-08 & 2008-09 ACIT - 15(1), ROOM NO.104, MATRU MANDIR, 1 ST FLOOR, TARDEO ROAD, MUMBAI-400007 / VS. M/S NRK & CO. NRK HOUSE, KAMLA MILLS COMPOUND, SENAPATI BAPAT MARG, MUMBAI-400013 ( ' / REVENUE) ( #$ % /ASSESSEE) P.A. NO. AADFT5351L AND ITA NO.618/MUM/2013 ASSESSMENT YEAR: 2009-10 ACIT - 15(1), ROOM NO.104, MATRU MANDIR, 1 ST FLOOR, TARDEO ROAD, MUMBAI-400007 / VS. M/S NRK CO. NRK HOUSE, KAMLA MILLS COMPOUND, SENAPATI BAPAT MARG, MUMBAI-400013 ( ' / REVENUE) ( #$ % /ASSESSEE) P.A. NO. AADFT5351L M/S THE NRK CO. ITA NO.7972 & 7973/MUM/2011 & ITA NO.618/MUM/2013 2 #$ % / ASSESSEE BY SHRI M. SUBRAMANIAN ' / REVENUE BY SHRI PURUSHOTTAM KUMAR- DR & '' ( % ) / DATE OF HEARING : 16/11/2016 ( % ) / DATE OF ORDER: 16/11/2016 / O R D E R PER BENCH THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDERS DA TED 02/09/2011 (ASSESSMENT YEARS 2007-08 AND 2008-09) A ND 02/11/2012 (ASSESSMENT YEAR 2009-10) OF THE LD. FIR ST APPELLATE AUTHORITY, MUMBAI, ON THE GROUNDS AS STAT ED IN THE RESPECTIVE APPEAL. 2. DURING HEARING OF THESE APPEALS, AT THE OUTSET, SHR I M. SUBRAMANIAN, LD. COUNSEL FOR THE ASSESSEE, CONTENDE D THAT IN THE RESPECTIVE APPEAL, THE TOTAL TAX EFFECT IS BELO W PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI PURUSHOTTAM KUMAR, DID N OT CONTROVERT THE CLAIM OF THE ASSESSEE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, SINCE THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BE LOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE TH E TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICA BLE M/S THE NRK CO. ITA NO.7972 & 7973/MUM/2011 & ITA NO.618/MUM/2013 3 WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED, THE FOLLOWING MONETARY LIMIT, WE FIND MERIT IN THE CLAIM OF THE ASSESSEE.: - SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 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 IN THE RESPECTIVE APPEAL IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 16/11/2016. SD/- SD/- ( N.K. PRADHAN ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; * DATED : 16/11/2016 F{X~{T? P.S / +' %$&'()(*& / 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 THE NRK CO. ITA NO.7972 & 7973/MUM/2011 & ITA NO.618/MUM/2013 4 5. 4'5 % , 1 ,-) , 6 , & ' / DR, ITAT, MUMBAI 6. 7# 8' / GUARD FILE. / BY ORDER, 04-% % //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI,