ITO WD 25(1)(4), MUMBAI V. VALLABH RATHI (HUF), MUMBAI

ITA 838/MUM/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3525 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 06-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL BENCH SMC MUMBAI BEFORE SHRI A.D.JAIN , JUDICIAL MEMBER . . , ./ I.T.A. NO. 838 / MUM/20 1 5 ( / A SSESSMENT YEAR : 200 6 - 07 ) INCOME TAX WARD 2 5(1) (4), C - 12, ROOM NO.708, 7 TH FLOOR,PRATYAKSHA KAR BHAVAN , BANDRA KURLA COMPLEX, BANDRA, MUMBAI - 400051 / VS. M/S VALLABH M RATHI (HUF), 302, CHIFF TOWER, LOKHANDWALA COMPLEX, ANDHERI WEST MUMBAI - 400 058 ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN/GIR NO. : AAEHV5996G / APPELLANT BY SHRI A RAMAN / RSPONDENT BY SHRI KAPIL SETH / DATE OF HEARING : 04 . 0 7 . 201 6 / DATE OF PRONOUNCEMENT : 04.07.2016 / O R D E R PER A D JAIN ( J M) TH IS IS DEPARTMENTS APPEAL FOR ASSESSMENT YEAR 200 6 - 07 CHALLENGING THE ORDER OF LD.CIT(A) DATED 14.11.2014 2. WE FIN D FROM THE ORDERS OF AUTHORITIES BELOW THAT THE TAX EFFECT INVOLVED IN THE ABOVE REFERRED CASE IS BELOW THE MONETARY LIMIT (RS. 10,00,000/ - ) PRESCRIBED BY THE CENTRAL BOARD OF DIRECTOR TAXES(CBDT), VIDE ITS CIRCULAR NO.21/2015(F.NO.L42/2007 - ITJ (PT.) DATED 10TH DECEMBER, 2015. 3. SHRI KAPIL SETH SHAH APPEARED ON BEHALF OF THE ASSESSEE. THE DEPARTMENTAL REPRESENTATIVE (DR) ON A QUERY BY THE BENCH FAIRLY CONCEDED THAT THE TAX EFFECT ITA NO. 838 / MUM/20 1 5 2 INVOLVED IN THE ABOVE CASE IS LESS THAN RS. 10.00 LACS. CONSIDERING THESE FACTS, WE DISMISS THE APPEAL HOLDING IT AS NOT MAINTAINABLE U/S. 268A OF THE ACT. 4. IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS DISMISSED. PRONOUNCED ACCORDINGLY ON 4 TH JULY, 201 6 . 4 TH JULY, 20 16 SD ( . . , / A.D. JAIN ) / JUDICIAL MEMBER MUMBAI: 4 TH JULY, 2016 . . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI