ITO 26(2)(3), MUMBAI V. KIRN W BHADANGE, MUMBAI

ITA 893/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4076 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 02-02-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 07-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI .. , , , BEFORE, SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI JOGINDER SINGH, JUDICIAL MEMBER ITA NOS.893 TO 897/MUM/2014 ASSESSMENT YEAR: 2005-06 TO 2008-09 AND 2010-11 ITO-26(2)(3), K.G. MITTAL HOSPITAL BLDG. 6 TH FLOOR, R. NO.611, CHARNI ROAD, MUMBAI-400002 / VS. SHRI KIRAN W. BHADANGE, 10/191, SAHAKAR NAGAR NO.5 SHELL COLONY ROAD, CHEMBUR, MUMBAI-400071 ( ! / REVENUE) ( '#$% /ASSESSEE) PAN. NO. AHUPB0088Q ! / REVENUE BY SHRI PRAMOD NIKALJE '#$% / ASSESSEE BY NONE & !'(%) / DATE OF HEARING : 03/02/2016 (%) / DATE OF ORDER: 03/02/2016 / O R D E R PER BENCH ALL THESE APPEALS ARE BY THE REVENUE, AGGRIEVED BY THE IMPUGNED ORDER ALL DATED 13/11/2013, OF THE LD. FIR ST APPELLATE AUTHORITY, MUMBAI. ITA NO.893 TO 897/MUM/2014 KIRAN W BHADANGE 2 2. DURING HEARING OF THESE APPEALS, NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE IN SPITE OF SERVI CE OF REGISTERED AD NOTICE. THE ASSESSEE DID NOT APPEAR A T THE TIME OF HEARING, THEREFORE, WE HAVE NO OPTION BUT TO PRO CEED EX- PARTE, QUA THE ASSESSEE AND TEND TO DISPOSE OF THES E APPEALS ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. AT TH E OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN TH E RESPECTIVE APPEAL IS BELOW PRESCRIBED MONETARY LIMIT. THIS FAC TUAL MATRIX WAS NOT CONTROVERTED BY THE LD. DR, SHRI PRA MOD NIKALJE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL. 2.2. IN VIEW OF THE FACT THAT THE TAX EFFECT IN THE RESPECTIVE APPEAL IS BELOW PRESCRIBED MONETARY LIMI T, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT OF RE VENUE WAS ADVISED/DIRECTED NOT TO FILE APPEAL IN THE CASES WH ERE THE TAX EFFECT IS BELOW THE FOLLOWING MONETARY LIMIT.:- 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 COUR T 25,00,000/ - ITA NO.893 TO 897/MUM/2014 KIRAN W BHADANGE 3 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 APPEALS OF THE REVENUE ARE NOT MAINTAINABLE. THEREFORE, IN VIEW OF UNCONTROVERTED CONTENTION OF THE LD. DR AND THE AFOREMENTIONED CIRCULAR NO. 2 1 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), O F CBDT, THE APPEALS OF THE REVENUE ARE DISMISSED AS N OT MAINTAINABLE. FINALLY, THE APPEALS OF THE REVENUE ARE DISMISSED A S NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 03/02/2016. SD/- SD/- ( G.S. PANNU ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; + DATED : 03/02/2016 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. , -. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. 11 & 2% ( , ) / THE CIT, MUMBAI. 4. 11 & 2% / CIT(A)- , MUMBAI 5. 4!5/%' , 1, ),'6 , & ' / DR, ITA NO.893 TO 897/MUM/2014 KIRAN W BHADANGE 4 ITAT, MUMBAI 6. 7#8' / GUARD FILE. / BY ORDER, 04%/% //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI