ASST CIT 25(2), V. K. PATEL AND CO,

MA 258/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4107 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 04-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL A, BENCH MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 258/MUM/2015-ARISING OUT OF ITA 195/MUM/20 14-ASSESSMENT YEAR 2009-10 ASSTT. CIT-25(2) ROOM NO.108, 1 ST FLOOR BLDG. NO.C-11, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX BANDRA(E) MUMBAI-400 051. VS. M/S. K.PATEL & CO. A,A-101, ALAKNANDA ANNASAHEB VARTAK MARG TPS-III, BORIVALI (W) MUMBAI-400 092. PAN: AAAFK 2315 A ( APP LICANT ) .. ( RESPONDENT ) REVENUE BY : SHRI B. S. BIST APPLICANT BY : MS. RUTUJA N. PAWAR DATE OF HEARING : 26/02/2016 DATE OF PRONOUNCEMENT: 26/02/2016 O R D E R PER PAWAN SINGH, JM: PRESENT MISCELLANEOUS APPLICATION IS FILED BY THE R EVENUE FOR RECTIFICATION IN THE ORDER OF THE TRIBUNAL DATED 15.06.2015, WHEREIN THE APPEAL OF TH E REVENUE WAS DISMISSED, RELYING UPON CBDT CIRCULAR NO.5 OF 2014 DATED 10 TH JULY, 2014. CONSIDERING THAT THE TAX EFFECT IN THE APPEAL WAS BELOW RS.4.00 LACS, THE PRESENT APPLICAT ION IS FILED ON THE GROUND THAT WHEN THE APPEAL WAS FILED ON 8 TH JANUARY, 2014 I.E. MUCH PRIOR TO ISSUANCE OF CIRCU LAR NO.5 OF 2014 DATED 10.7.2014, THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL WAS RS.3.00 LACS. REVENUE, FURTHER PLEADED IN THE APPLICATION THAT HO NBLE APEX COURT IN CIT VS. SUMAN DHAMIJA IN CIVIL APPEAL NO.4919-4920 OF 2015 DAT ED 01.07.2015 OVER RULED THE DECISION OF HONBLE DELHI HIGH COURT, THAT APPLICABILITY OF REVISED MONETARY LIMIT WERE NOT APPLICABLE TO THE PENDING APPEALS. NOW THE PRESENT APPLICATION WAS FILED ON 16.11.2015 AND BEFORE IT COULD BE HEARD THE CBDT ISSUED A FRESH CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WHEREIN MONETARY LIMIT FOR FILING APPEALS BEFORE THE TRIBUN AL (ITAT) HAS BEEN FIXED AT RS.10.00 LACS AND IT HAS BEEN MADE APPLICABLE TO ALL CASES WITH R ETROSPECTIVE EFFECT. MA-258/15-K. PATEL 2 2. HENCE, KEEPING IN VIEW THE LATEST CIRCULAR OF CB DT, THE MISCELLANEOUS APPLICATION IN THE PRESENT APPEAL HAS BECOME INFRUCTUOUS, HENCE, CONSI DERING OF THE OTHER MERIT OF THE APPLICATION NEEDS NO ADJUDICATION. 3.IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE REVENUE, IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 26/02/2016. SD/- SD/- (B.R. BASKARAN) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED : 26 /02/2016 JV, SR.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/