ACIT 19(3), MUMBAI V. SETHNA CONSTRUCITONS, MUMBAI

ITA 936/MUM/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9097 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 13-11-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 04-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VISHWAS MUNDHE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E, BENCH MUMBAI BEFORE SHRI RAJENDRA, AM & SHRI PAWAN SINGH, JM ITA NO.936/MUM/2 013 (ASSESSMENT YEAR: 2 003-04) DCIT(19)(3), ROOM NO.305, 3 RD FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI-400012. VS. M/S SETHNA CONSTRUCTION, HILL COURT, PALI HILL, BANDRA(W), MUMBAI-400050 PA N/GIR NO.: AAAFS1094G ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY : SHRI VISHWAS MUNDHE (DR) ASSESSEE BY : SHRI MAYUR KISNADWALA (AR) DATE OF HEARING : 03/01/2017 DATE OF PRONOUNCEMENT: 03/01/2017 O R D E R PER PAWAN SINGH, JM: THE ABOVE APPEAL IS FILED BY THE ASSESSING OFFICER (AO) RAISING ONLY ONE GROUND OF APPEAL FOR THE ASSESSMENT YEAR MENTIONED ABOVE. THE TAX EFFECT INVOLVED IN THE ABOVE REFERRED CASE IS ONLY RS. 8,65,530/- WHICH IS BELOW THE MONETARY LIMIT (RS. 10,00,000/-) PRESCRIBED BY THE CENTRAL BOARD OF DIR ECTOR TAXES(CBDT), VIDE ITS CIRCULAR NO.21/2015(F.NO.142/2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015. 2. SHRI MAYUR KISNADWALA (AR) HAS APPEARED ON BEHAL F OF THE ASSESSEE. THE DEPARTMENTAL REPRESENTATIVE (DR) ON A QUERY BY THE BENCH FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE ABOVE CASE WAS LESS THAN RS. 10.00 LACS. CONSIDERING THESE FACTS, WE DISMISS THE APPEAL HOLDING THEM AS NOT MAINTAINA BLE U/S. 268A OF THE INCOME-TAX ACT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 03/01 /2017. SD/- SD/- (RAJENDRA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED :03/01/2017 SK, PS COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY/