ITO 10(3)(2), MUMBAI V. VIJAYKUMAR GUPTA, NAVI MUMBAI

ITA 810/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8656 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K DHONDIAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ./ I .T.A. NO. 8 10 /MUM/201 4 ( / ASSESSMENT YEAR : 2 009 - 10 ) INCOM E TAX OFFICER - 1 0 ( 3 ) (2), AAYAKAR BHAVAN, M K ROAD, MUMBAI - 400020 / VS. SHRI VIJAYKUMAR GUPTA, UNIT NO.122, BLDB NO.2, MILLENUM BUSINESS PARK, SECTOR - 1, MIDC, MAHAPE, NAVI MUMBAI - 400710 ./ PAN : ACGPGO752M / APPELLANT BY SHRI A K DHONDIAL / RESPONDENT BY NONE / DATE OF HEARING : 1 9. 1. 201 7 / DATE OF PRONOUNCEMENT : 19.1. 2017 / O R D E R PER RAJESH KUMAR , A M T HE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 8.1.2013 , PASSED BY THE COMMISSIONER OF INCOME TAX (A) , MUMBAI U/S 143(3) OF THE INCOME TAX ACT FOR THE ASSESSMENT YEAR 2 009 - 10 . 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFECT IN THE APPEAL OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SAME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, DATED 10TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BEEN REVISED FOR FILING OF APPEAL 2 I .T.A. NO.810/MUM/2014 BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMIN E. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PENDING APPEALS ALSO. 3. CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IN THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISM ISS THE APPEAL OF THE REVENUE. 4 . IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 19. 1. 201 7 . S D SD ( MAHAVIR SINGH ) ( RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 19. 1.2017. SR.PS:SRL: / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT (A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 3 I .T.A. NO.810/MUM/2014 DATE INITIALS 1. DRAFT DICTATED ON 19.1.2017 SPS 2. DRAFT PLACED BE FORE AUTHOR 19.1.2017 SPS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM 5. APPROVED DRAFT COMES TO THE SR. PS SPS 6. KEPT FOR PRONOUNCEMENT ON SPS 7. FILE SENT TO THE BENCH CLERK SPS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO A.R. 10. DATE OF DISPATCH OF ORDER