DCIT 2(1), MUMBAI V. NIRMAL CHAND SUCHANTI, MUMBAI

ITSSA 12/MUM/2013

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1763 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 20 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 15-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 25-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH L PATHODE
• Assessee Lawyers: SANJIV M SHAH
• Keywords: Question of law; Block assessment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH , JM AND SHRI SANJAY ARORA , AM IT (SS) A. NO. 12 /MUM/2013 ( BLOCK PERIOD : 01.4.1988 TO 06.1.1999) DY. CIT - 2(1), ROOM NO. 561, 5 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 / VS. NIRMAL CHAND SUCHANTI, 13 - B, JOLLY MAKER APARTMENTS NO.1,1 ST FLOOR, CUFFE PARADE, MUMBAI - 400 005 ./ ./ PAN/GIR NO. AAKPS 3699 F ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI PRAKASH L. PATHODE / RESPONDENT BY : SHRI SANJIV M. SHAH / DATE OF HEARING : 15.02.2016 / DATE OF PRONOUNCEMENT : 15 .02.2016 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN A PPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 4 , MUMBAI (CIT(A) FOR SHORT) DATED 06. 9.2013 , PARTLY ALLOWING THE A SSESSEES APPEAL CONTESTING ITS ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A.Y.) 01.4.1988 TO 06.1.1999 (BLOCK ASSESSMENT) VIDE ORDER DATED 11.01.2011. 2. AT THE OUTSET, IT WAS POINTED OUT BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL , THAT THE TAX EFFECT OF THE INSTANT APPEAL BY THE REVENUE IS BELOW RS.10 LACS, I.E., THE THRESHOLD LIMIT AS NOTIFIED PER THE EXTANT I NSTRUCTION ISSUED BY THE BOARD RECENTL Y (INSTRUCTION NO. 21 OF 2015 DATED 10.12.2015 (F. NO. 2 IT(SS)A. NO. 12/MUM/2013 (B.P. 01.4.1988 TO 06.1.1999) DY. CIT VS. NIR MAL CHAND SUCHANTI 279/MISC/142/2007 - IT(PT)) TOWARD REGULA TING APPEALS BY THE REVENUE BEFORE THE HIGHER APPELLATE AUTHORITIES, TO WHICH REGARD IS TO BE , IN TERMS OF SECTION 268A, MADE WHILE HEARING THE SAID APPEALS WHERE THE TAX - EFFECT IS BELOW THE PRESCRIBED MONETARY LIMIT . T HE SAID I NSTRUCTION IS TO APPLY ALSO TO THE APPEALS PENDING ADJUDICATION AS ON THE DATE OF THE INSTRUCTION AND, FURTHER, MAKES NO EXCEPTION FOR AN APPEAL RAISING A QUESTION OF LAW. I N CASE OF PENALT Y, AS IN THE INSTANT CASE, THE PENALTY UNDER DISPUTE IS TO BE CONSTRUED AS THE TAX EFFECT , AND WHICH IN THE PRESENT CASE IS AT RS.9,08,016/ - . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) COULD NOT BEFORE US MAKE ANY CASE TOWARD THE NON - APPLICATION OF SECTION 2 68A IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THE REVENUE S APPEAL IS ACCORDINGLY DISMISSED AS INCOMPETENT. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE R EVENUE S APPEAL IS DISMISSED AS NOT MAINTAINABLE . ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUAR Y 15 , 201 6 SD/ - SD/ - ( JOGINDER SINGH ) (S ANJAY ARORA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 15 . 02 .201 6 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI