DCIT 10(2), MUMBAI V. FOODS & INNS LTD, MUMBAI

ITA 8728/MUM/2010

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 2210 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 18-11-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 14-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N V NADKARNI
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, F MUMBAI , . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER ITA NO.8728/MUM/2010 ASSESSMENT YEAR: 2007-08 DCIT-10(2), ROOM NO.432, 4 TH FLOOR, AAYAKAR BHAVAN M.K. ROAD, MUMBAI-400020 / VS. M/S FOODS & INNS LTD. PUNJABI WADI, SION TROMBAY ROAD, MUMBAI-400088 ( ! / REVENUE) ( '#$% /ASSESSEE) PAN. NO. AAACF0521C & !' ( %) / DATE OF HEARING : 22/12/2015 ( %) / DATE OF ORDER: 22/12/2015 ! !' / REVENUE BY MS. N.V. NADKARNI, '#$% !' / ASSESSEE BY SHRI KESHAV B. BHUJLE 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THIS APPEAL IS BY THE REVENUE, AGAINST THE IMPUGNED ORDER DATED 01/10/2010 OF THE LD. FIRST APPELLATE A UTHORITY, MUMBAI. 2. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THA T THE TAX EFFECT IN THIS APPEAL IS BELOW PRESCRIBED MONET ARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE NOTE T HAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW THE PRESCRIBE D MONETARY LIMIT OF RS.10 LAKH. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN T HIS APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTAINED IN CB DT INSTRUCTION NO.3/2011 DATED 09/02/2011, FURTHER INS TRUCTION NO.5/2014 (F NO.279/MISC./142/2007-IT(PT) DATED 10/07/2014, THE CBDT REVISED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE VARIOUS AUTHORITIES/COURTS VIDE C BDT CIRCULAR NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EF FECT AND ADVISED/DIRECTED THE DEPARTMENT NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMIT.:- 3 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/ - AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY L IMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRI BUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/- , CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAIN TAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED FACTS WITH RES PECT TO PRESCRIBED MONETARY LIMIT, MORE SPECIFICALLY ON BEH ALF OF THE REVENUE, AND THE AFOREMENTIONED CIRCULAR OF CBDT, T HE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE LD. REPRESENTATIVE FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 22/12/2015. SD/- SD/- ( JASON P. BOAZ ) (JOGINDER SINGH) #'$ / ACCOUNTANT MEMBER %'$ /JUDICIAL MEMBER & ' MUMBAI; * DATED : 22/12/2015 F{X~{T? P.S/. . . 4 &%'()*)+' / COPY OF THE ORDER FORWARDED TO : 1. +,- / THE APPELLANT (RESPECTIVE ASSESSEE) 2. ./,- / THE RESPONDENT. 3. 0 0 & 1% ( + ) / THE CIT, MUMBAI. 4. 0 0 & 1% / CIT(A)- , MUMBAI, 5. 3!4 .%' , 0 +) +'5 , & ' / DR, ITAT, MUMBAI 6. 6# 7' / GUARD FILE. ' / BY ORDER, /3% .% //TRUE COPY// /' (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI