ITO 21(2)(4), MUMBAI v. SIDDHI M. PANDHI, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI BEFORE SHRI B.R.BASKARAN (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 1869/MUM/2013 ASSESSMENT YEAR: 2009-10 THE ITO - 21(2)(4) ROOM NO. 503 5 TH FLOOR C-10 PRATYAKSH KAR BHAVAN BANDRA KURLA COMPLEX BANDRA(E) MUMBAI- 400 051. VS. SIDDHI M. PANDHI 602 6 TH FLOOR BLUE DIAMOND CHS LTD. JUHU ROAD SANTACRUZ (W) MUMBAI- 400 049. PAN- ANHPP4209J (APPELLANT) (RESPONDENT) APPELLANT BY : CAPTAIN PRADEEP ARYA RESPONDENT BY : MS. KANCHAN DESHMUKH DATE OF HEARING: 2 8 /0 9 /2016 DATE OF PRONOUNCEMENT: 28/09/201 6 O R D E R PER RAM LAL NEGI JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAI NST ORDER DATED 05/12/2012 PASSED BY THE LD CIT(APPEALS)-32 MUMBAI FOR THE AS SESSMENT YEAR 2009-10 WHEREBY THE LD. CIT(A) ALLOWED THE APPEAL FILED BY THE ASSESSEE AGAINST ASSESSMENT ORDER DATED 26/12/2011 PASSED U/S 143(3) OF THE INCOME TAX ACT 1961. 2. THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER O N FOLLOWING EFFECTIVE GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS . 13 92 000/- MADE BY THE A.O ON ACCOUNT OF INTEREST RECEIVED FROM SAR DAR SAROVAR NIGAM BOARD. 2 ITA NO. 1869/MUM/2013 ASSESSMENT YEAR: 2009-10 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE LD. CIT(A) HAS ERRED IN NOT CONSIDERING THAT THE AS SESSEE HAD NOT TRANSFERRED THE AMOUNT OF RS. 13 42 286/- TO THE AC COUNT OF MS. REKHA PANDHI TILL 18/02/2009. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE LD. CIT(A) HAS ERRED IN NOT CONSIDERING THAT THE AS SESSEE HAD NOT DISCLOSED THE RECEIPT OF INTEREST IN HER RETURN OF INCOME THROUGH THE SAME WAS CREDITED IN HER BANK ACCOUNT AND TDS ALSO CLAIMED ON THE SAME. 3. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS BELOW RS.10 00 000/- AND AS PER THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10/12/2015 THE PRESENT APPEAL IS NOT M AINTAINABLE. 4. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT I N DEPARTMENTS APPEAL IS BELOW RS.10 LAKHS WE FIND THAT THE ISSUE RAISED IN APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN PARA 8 OF THE C IRCULAR. SINCE IT HAS BEEN SPECIFICALLY CLARIFIED IN THE CIRCULAR AFORESAID TH AT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS; THE PRE SENT APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. WE THEREFORE DISMIS S THE SAME IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH SEPTEMBER 2016 SD/- SD/- ( B.R.BASKARAN ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 28/09/2016 3 ITA NO. 1869/MUM/2013 ASSESSMENT YEAR: 2009-10 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. !' $ !'% / DR ITAT MUMBAI 6. &' ( / GUARD FILE. / BY ORDER ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) / ITAT MUMBAI PRAMILA