ITO WD 25(1)(4), MUMBAI V. VAISHALI PRAKASH RANE, MUMBAI

ITA 839/MUM/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2592 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 06-02-2015
• Court: TRIBUNAL
• Department Lawyers: AJAY
• Assessee Lawyers: P P JAYARAMAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) I.T.A. NO. 839 /MUM/ 20 1 5 (ASSESSMENT YEAR 200 8 - 0 9 ) ITO WARD 25(1)(4) C - 12, ROOM NO. 708 7 TH FLOOR PRATYAKSHAKAR BHAVAN BANDRA KURLA COMPLEX BANDRA MUMBAI - 400 051. VS. M/S. VAISHALI PRAKASH RANE C@, EKVEERA SOCIETY JEEVAN NAGAR NEW LINK ROAD ANDHERI WEST MUMBAI - 400 053. ( APPELLANT ) ( RESPONDENT ) PAN NO . AEFPR8669K ASSESSEE BY SHRI P.P. JAYARAMAN DEPARTMENT BY SHRI AJAY DATE OF HEARING 13 . 7 . 201 6 DATE OF PRONOUNCEMENT 13. 7 . 201 6 O R D E R THE APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 28.11.2014 PASSED BY LD CIT(A) - 37, MUMBAI AND IT RELATES TO THE ASSESSMENT YEAR 2008 - 09. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THAT THE TA X EFFECT INVOLVED IN THE PRESENT APPEAL OF THE REVENUE IS LESS THAN RS.10.00 LAKHS. ACCORDINGLY HE SUBMITTED THAT THE REVENUE IS PRECLUDED FOR PURSUING THIS APPEAL AS PER THE CIRCULAR NO.21/2015 DATED 10 - 12 - 2015 ISSUED BY CBDT. THE LD A.R ALSO FURNISHED A WORKING OF TAX LIABILITY AS PER WHICH THE DISPUTED TAX LIABILITY WORKED OUT TO RS.3,55,403/ - . 3. THE LD D.R DID NOT CONTRADICT THE FACTUAL ASPECTS PRESENTED BY LD A.R. 2 4. HAVING HEARD THE RIVAL SUBMISSIONS, I AM OF THE VIEW THAT THE PRESENT APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN LIMINE, IN VIEW OF THE CIRCULAR OF CBDT, REFERRED SUPRA, AS THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LAKHS. ACCORDINGLY I DISMISS THE APPEAL OF THE REVENUE IN LIMINE. 5. IN THE RESULT, TH E APPEAL OF THE REVENUE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 13 .7.2016 SD / - (B.R.BASKARAN) ACCOUNTANT MEMBER MUMBAI ; DATED : 13 / 7 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS