ACIT CIR 22(1), MUMBAI V. MAVANI AND SONS, MUMBAI

ITA 823/MUM/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3988 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 31-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M RAJAN
• Assessee Lawyers: HITESH M SHAH
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH , JM AND SHRI SANJAY ARORA , AM ./ I. T.A. NO. 823/MUM/2013 ( / ASSESSMENT YEAR: 2009 - 10 ) DY. CIT, CIRCLE 22(1), ROOM NO. 411, 4 TH FLOOR, TOWER NO. 6, VASHI STATION COMPLEX, MUMBAI - 400 703 / VS. MAVANI AND SONS B - 2, GURUDUTT BUILDING, PATEL CHOWK, GHATKOPAR (W), MUMBAI - 4 00 086 ./ ./ PAN/GIR NO. AAAFM 7710 R ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI M. RAJAN / RESPONDENT BY : SHRI HITESH M. SHAH / DATE OF HEARING : 25.02.2016 / DATE OF PRONOUNCEMENT : 25 .02.2016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 33 , MUMBAI (CIT(A) FOR SHORT ) DATED 23.11.2012 , ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 2009 - 10 VIDE ORDER DATED 22.12.2011. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, SHRI HITESH M. SHAH (ADDUCING A WORKING OF THE TAX IMPACT OF THE INSTANT APPEAL, SHOWING THE SAME AT RS .9,04,888/ - ) , THAT THE TAX EFFECT OF THE REVENUES APPEAL IS BELOW RS.10 LACS, AND WHICH IS T HEREFORE NOT MAINTAINABLE U/S. 2 ITA NO. 823/MUM/2013 (A.Y. 2009 - 10 ) DY. CIT VS. MAVANI AND SONS 268A OF THE ACT IN VIEW OF THE RECENT INSTRUCTION ISSUED BY THE BOARD (INSTRUCTION NO. 21 OF 2015 DATED 10.12.2015 (F . NO. 279/MISC/142/2007 - IT J (P T )). THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED TO THE SAID TAX E FFECT OF THE REVENUES APPEAL BEING BELOW RS .10 LACS. WE FIND THAT THE WORKING BY THE ASSESSEES COUNSEL DOES NOT INCLUDE TAX IN RELATION TO THE REVENUE S G ROUND # 2, DISPUTING A DELETION FOR RS.10,529/ - , INCLUDING WHICH ALSO THE TAX EFFECT WOULD REMAIN BE LOW RS.10 LACS. THE SAME ACCORDINGLY IS NOT MAINTAINABLE U/S. 268A OF THE ACT , REQUIRING THE APPELLATE AUTHORITIES TO HAVE REGARD TO THE MONETARY LIMIT PRESCRIBED BY THE BOARD PER ITS CIRCULAR DATED 10.12.2015 (SUPRA) , BEING AT RS.10 LACS FOR THE APPELLATE TRIBUNAL. THE SAME IS THEREFORE DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUAR Y 25 , 201 6 SD/ - SD/ - ( JOGINDER SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 25 . 02 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITA T, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI