ITO WD 22(3)(1), NAVI MUMBAI V. ASHISH B ACHARE, NAVI MUMBAI

ITA 920/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4268 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-09-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 04-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARVIND KUMARDR
• Assessee Lawyers: B A LAWATE
• Keywords: Retrospective amendment; Tax effect
• Section: 69

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.920/MUM/2013 ASSESSMENT YEAR-2009-10 ITO, WARD-22(3)-1, VASHI RAILWAY STATION COMPLEX, TOWER NO.6, 3 RD FLOOR, ROOM NO.306, VASHI,NAVI MUMBAI / VS. SHRI ASHISH B. ACHARE, ROOM NO.63, PLOT NO.86, DHARMJIVAN CHS., SECTOR-6 KOPARKHAIRANE, NAVI MUMBAI-400709 PAN NO. AHLPA8876A ( / REVENUE) ( / ASSESSEE) CROSS OBJECTION NO.95/MUM/2014 (ARISING OUT OF ITA NO.920/MUM/2013) ASSESSMENT YEAR-2009-10 SHRI ASHISH B. ACHARE, ROOM NO.63, PLOT NO.86, DHARMJIVAN CHS., SECTOR-6 KOPARKHAIRANE, NAVI MUMBAI-400709 / VS. ITO, WARD-22(3)-1, VASHI RAILWAY STATION COMPLEX, TOWER NO.6, 3 RD FLOOR, ROOM NO.306, VASHI, NAVI MUMBAI PAN NO. AHLPA8876A ( / ASSESSEE) ( / REVENUE) ITA NO.920/MUM/2012 & C.O. NO.95/MUM/2014 SHRI ASHISH B. ACHARE 2 / REVENUE BY SHRI ARVIND KUMAR-DR / ASSESSEE BY SHRI B.A. LAWATE / DATE OF HEARING : 04/04/2016 / DATE OF ORDER: 04/04/2016 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 01/11/2012 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI, WHEREAS, THE ASSESSEE HAS ALSO PREFERRED CR OSS OBJECTION AGAINST THE AFORESAID ORDER. 2. FIRST, WE SHALL TAKE UP THE APPEAL OF THE REVEN UE (ITA NO.920/MUM/2013), WHEREIN, THE ONLY GROUND RAI SED PERTAINS TO GRANTING RELIEF OF RS.16 LAKH MADE U/S 69 OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT). 2.1 DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, SHRI B.A. LAWATE, CONTENDED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW THE PRESCRIBE D MONETARY LIMIT. THIS FACTUAL MATRIX WAS NOT CONTROV ERTED BY THE LD. DR, SHRI ARVIND KUMAR. ITA NO.920/MUM/2012 & C.O. NO.95/MUM/2014 SHRI ASHISH B. ACHARE 3 2.2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOT ED THAT THE TOTAL ADDITION DELETED BY THE COMMISSIONER OF I NCOME TAX (APPEAL) IS RS.16 LAKH AND THE TAX THEREON IS B ELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THE TRIBUNAL. 2.3. IN VIEW OF THE FACT, THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), APPLICA BLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING 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 HONB LE SUPREME COURT 25,00,000/ - AS PER THE AFORESAID INSTRUCTION/REVISED MONETARY LIMIT, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRIBUNAL, WHEREIN, THE TAX EFFECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REV ENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. 3. NOW, WE SHALL TAKE UP THE CROSS OBJECTION OF TH E ASSESSEE, WHICH WAS ARGUED TO BE IN FAVOUR OF THE O RDER OF ITA NO.920/MUM/2012 & C.O. NO.95/MUM/2014 SHRI ASHISH B. ACHARE 4 THE COMMISSIONER OF INCOME TAX (APPEAL) . SINCE, WE HAVE DISMISSED THE APPEAL OF THE REVENUE AS NOT MAINTAIN ABLE, THEREFORE, THE CROSS OBJECTION OF THE ASSESSEE HAS BECOME INFRUCTUOUS. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE, WHEREAS, THE CROSS OBJECTION OF THE A SSESSEE IS DISMISSED AS INFRUCTUOUS. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 04/04/2016. SD/- SD/- (RAJENDRA) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER MUMBAI; # DATED : 04/04/2016 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. %& '( / THE APPELLANT (RESPECTIVE ASSESSEE) 2. )*'( / THE RESPONDENT. 3. + + , ( %& ) / THE CIT, MUMBAI. 4. + + , / CIT(A)- , MUMBAI, 5. /01 )2 , + %& %23 , / DR, ITAT, MUMBAI 6. 14 5 / GUARD FILE. / BY ORDER, */& ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI