ITO 18(1)(2), MUMBAI v. ARUN D. TEJUJA, MUMBAI

ITA 5914/MUM/2013 | 2005-2006
Pronouncement Date: 03-10-2016 | Result: Dismissed

Appeal Details

RSA Number 591419914 RSA 2013
Assessee PAN AAEPT6984C
Bench Mumbai
Appeal Number ITA 5914/MUM/2013
Duration Of Justice 2 year(s) 11 month(s) 30 day(s)
Appellant ITO 18(1)(2), MUMBAI
Respondent ARUN D. TEJUJA, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 03-10-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 03-10-2016
Date Of Final Hearing 03-10-2016
Next Hearing Date 03-10-2016
Assessment Year 2005-2006
Appeal Filed On 04-10-2013
Judgment Text
A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH JUDICIAL MEMBER AND SHRI RAMIT KOCHAR ACCOUNTANT MEMBER ./ I.T.A. NO. 5914 /MUM/2013 ( / ASSESSMENT YEAR : 2005-06) INCOME TAX OFFICER WARD 18(1)(2) MUMBAI / V. SHRI ARUN D. TEJUJA 17 RISHIKESH CO-OP. HOUSING SOCIETY PLOT NO. 63 WORLI HILL ROAD WORLI MUMBAI-400018 ./ PAN : AAEPT6984C ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY MR. VIKASH KUMAR AGARWAL ASSESSEE BY : MR. DINESH H HARIYA / DATE OF HEARING : 03-10-2016 / DATE OF PRONOUNCEMENT : 03-10-2016 / O R D E R PER RAMIT KOCHAR ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE IS DISPOSED OF BEC AUSE THE TAX EFFECT IN THE APPEAL IS LESS THAN RS. 10 LACS AS PER THE LATE ST CBDT CIRCULAR NO. 21/2015 F. NO. 279/MISC.142/2007-ITJ (PT) DATED 10 TH DECEMBER 2015 ISSUED BY CENTRAL BOARD OF DIRECT TAXES DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVERNMENT OF INDIA. 2. THE LD. D.R. SUBMITTED THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 10 LACS AND THE CBDT CIRCULAR NO. 21/2015 IS APPLICABLE TO THIS APPEAL AND THE APPEAL IS NOT MAINTAINABLE/NOT PRESS ED IN TERMS OF CBDT CIRCULAR NO 21/2015 DATED 10/12/2015. THE LD. DR S UBMITTED THAT AS PER THE LATEST CBDT CIRCULAR NO. 21/2015 F. NO. 279/MI SC.142/2007-ITJ (PT) ITA 5914/MUM/2013 2 DATED 10 TH DECEMBER 2015 ISSUED BY CENTRAL BOARD OF DIRECT T AXES DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVERNM ENT OF INDIA NO APPEAL SHALL BE FILED BY THE REVENUE IN RESPECT OF AN ASSE SSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMI T SPECIFIED IN PARA 3 OF THE CIRCULAR PARA 3 OF THE CIRCULAR NO. 21/2015 S NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10 00 000/- 2 BEFORE HIGH COURT 20 00 000/- 3 BEFORE SUPREME COURT 25 00 000/- IN THE SAID CIRCULAR VIDE PARA 10 IT IS STIPULATE D THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEAL S TO BE FILED HENCEFORTH IN HIGH COURTS/TRIBUNALS. PENDING APPEALS BELOW THE S PECIFIED TAX LIMITS IN MAY BE WITHDRAWN/NOT PRESSED. 3. KEEPING IN VIEW THE CBDT CIRCULAR NO. 21/2015 DA TED 10 TH DECEMBER 2015 WHICH IS APPLICABLE FROM RETROSPECTIVE EFFECT AND IS ALSO APPLICABLE TO PENDING APPEALS AND ALSO IN VIEW OF LD. DR STATING BEFORE US THAT THIS APPEAL IS NOW NOT MAINTAINABLE/NOT PRESSED IN VIEW OF THE ABOVE CBDT CIRCULAR WE HOLD THAT THIS APPEAL FILED BY THE REVENUE WHICH IS COVERED BY THIS ORDER INVOLVING TAX EFFECT LESS THAN RS. 10 LACS IS NOT M AINTAINABLE AND IS DISMISSED BEING NOT PRESSED. HOWEVER THE REVENUE IS AT LIBER TY TO FILE AN APPLICATION FOR RECALL OF THIS APPEAL IN ACCORDANCE WITH LAW IF AT ANY STAGE THE REVENUE WANTS TO AGITATE THE MATTER IN ACCORDANCE WITH THE PROVIS IONS/CLAUSES AS CONTAINED IN THE AFORE-STATED CIRCULAR. WE ORDER ACCORDINGLY. 4. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD OCTOBER 2016. ITA 5914/MUM/2013 3 # $% &' 03-10-2016 ( ) SD/- SD/- (MAHAVIR SINGH) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ MUMBAI ; & DATED 03-10-2016 [ !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. 9 ( ) / THE CIT(A)- CONCERNED MUMBAI 4. 9 / CIT- CONCERNED MUMBAI 5. <=( >>?@ ?@ $ / DR ITAT MUMBAI A BENCH 6. (BC D / GUARD FILE. / BY ORDER < > //TRUE COPY// / ( DY./ASSTT. REGISTRAR) $ / ITAT MUMBAI