ASST CIT 16(3), V. TUSHAD K. COOPER,

MA 272/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4345 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-04-2016
• Appeal Filed By: Department
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 23-11-2015
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E , BENCH MUMBAI BEFORE SHRI R. C. SHARMA , A M & SHRI SAKTIJIT DEY , J M MISCELLANEOUS APPLICATION NO S . 272 / MUM/20 1 5 (ARISING OUT OF ITA NO . 5301 /MUM /201 3 ) ( / ASSESSMENT YEAR : 20 0 9 - 20 10 ) THE ACIT 16(3), MUMBAI - 400020 VS. TUSHAD K. COOPER , 20, HEMPTON COURT, WODEHOUSE ROAD, COLABA, MUMBAI - 23 ./ ./ PAN/GIR NO. : A AAPC 5659 F /REVENUE BY : SHRI SUMI T KUMAR /ASSESSEE BY : NONE / DATE OF HEARING : 15 /0 4 /2016 / DATE OF PRONOUNCEMENT : 15/04 / 2016 / O R D E R PER R.C.SHARMA ( A .M.) : THIS MISCELLANEOUS APPLICATION FILE D BY THE REVENUE AROSE OUT OF ITA NO. 5301/MUM/2013 , FOR RECALLING OF THE ORDER OF THE TRIBUNAL DATED 4 - 6 - 2015 , WHEREIN APPEAL OF THE REVENUE WAS DISMISSED ON THE GROUND OF LOW TAX EFFECT. 2. SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE, THEREFORE, WE PROC EED TO DISPOSE OFF THIS MISCELLANEOUS APPLICATION AFTER CONSIDERING THE SUBMISSION OF LD. DR. 3. IT WAS CONTENDED BY LD. DR THAT AT THE TIME OF PASSING OF THE ORDER BY THE TRIBUNAL, THE LIMIT OF TAX EFFECT WAS UPTO RS. 2 LAKHS. HOWEVER,, THE TRIBUNAL HAS D ISMISSED THE APPEAL, EVEN IF THE TAX EFFECT WAS MORE THAN RS.2 LAKHS. 4. WE HAVE CONSIDERED CONTENTION OF LD. DR AND FOUND THAT THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE REVENUE BY FOLLOWING THE CBDT INSTRUCTION NO. 5/2014, DATED 10 - 7 - 2014 BY OBSERVING T HAT THIS CIRCULAR WILL M A NO. 272 /15 2 BE APPLICABLE EVEN IN RESPECT OF APPEALS FILED PRIOR TO 10 - 7 - 2014. HOWEVER, IN VIEW OF THE CIRCULAR NO. 21/2015 BROUGHT ON THE STATUTE W.E.F.10 TH DECEMBER, 2015, REVENUES APPEALS HAVING TAX EFFECT UPTO RS.10 LAKHS WILL NOT BE MAINTAI NABLE. ACCORDINGLY , THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE HAS NO LEGS TO STAND AND THE SAME IS DISMISSED. 5 . IN THE RESULT, MISCELLANEOUS APPLICATION S OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 15/04 / 201 6 SD/ - SD/ - SAKTIJIT DEY R.C.SHARMA JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 15/04 /201 6 . . /PKM , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RES PONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//