DCIT RG 13(2), V. KANU KRISHNA CORPORATION,

MA 254/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4126 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 03-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUM BAI , , BEFORE SHRI RAJENDRA, A.M. AND SHRI SHAKTIJIT DEY, J.M. MA NO.254/MUM/2015(ARISING OUT OF ITA/213/MUM/2011 )-ASSESSMENT YEAR 2007-08 ACIT(17)(2) 123A,AAKAR BHAVAN, M K ROAD MUMBAI-400 020. VS. KANU KRISHNA CORPORATION 502-3,GORADIA HOUSE, 100/104 KAZI SYED STREET, MUMBAI-3 PAN:AAAFK1722F ( /APPELLANT ) ( / RESPONDENT ) REVENUE BY : SHRI RAKESHKUMAR AGARWAL, ASSESSEE B Y: MISS NEELAM JADHAV / DATE OF HEARING: 29.02.2016 / DATE OF PRONOUNCEMENT:29.02.2016 ,1961 254(1) ORDER U/S.254(1)OF THE INCOME-TAX ACT,1961(ACT) PER RAJENDRA,A.M - IN THE MISCELLANEOUS APPLICATION (MA),FILED BY THE AO,IT WAS STATED THAT THERE WERE CERTAIN MISTAKES IN THE ORDER PASSED BY THE TRIBUNAL,THAT T HE TRIBUNAL HAD DISMISSED THE APPEAL AS THE TAX EFFECT WAS BELOW RS.FOUR LAKHS,THAT THAT THE HO NBLE APEX COURT HAD RULED THAT TAX LIMIT FOR FILING THE APPEALS WOULD NOT BE APPLICABLE FOR PENDING APPEALS,THAT THE TRIBUNAL HAD APPLIED IT FOR THE PENDING MATTER,THAT THE ORDER HA D TO BE MODIFIED ACCORDINGLY. 2. DEPARTMENTAL REPRESENTATIVE(DR),ON A QUERY BY THE B ENCH,FAIRLY CONCEDED THAT THE TAX INVOLVED IN THE ABOVE CASES WAS LESS THAN RS.10.00 LACS,THAT AFTER THE CIRCULAR NO.21/ 2015 (F. NO.279/MISC. 142/2007-ITJ (PT.)DATED 10 TH DECEMBER, 2015,THE MA WAS NOT MAINTAINABLE. AS A RESULT, APPEAL FILED BY THE ASSESSING OFFICER STANDS DISMISSED. . ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH FEBRUARY, 2016. ! ' # 29.02.016 SD/- SD/- ( / SHAKTIJIT DEY) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; ' # DATED : 29.02.2016. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR A BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.