Income Tax Appellate Tribunal - Mumbai
Acit 20(1), Mumbai vs Hiren M Shah, Mumbai on 18 November, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
"H" BENCH, MUMBAI
BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND
SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER
ITA no.1513/Mum./2015
(Assessment Year : 2004-05)
Asstt. Commissioner of Income Tax
Circle-20(1), Piramal Chambers ................ Appellant
Lalbaug, Parel, Mumbai 400 012
v/s
Shri Hiren M. Shah
371, Sukh Niwas
1st Floor, Bhandarkar Road ................ Respondent
Matunga, Mumbai 400 050
PAN AAUPS0624G
Assessee by : Shri Paras S. Savla
Revenue by : Shri J.P. Jangid
Date of Hearing - 01.11.2016 Date of Order - 18.11.2016
ORDER
PER SAKTIJIT DEY, J.M.
The aforesaid appeal of the Department is directed against the order dated 19th December 2014, passed by the learned Commissioner (Appeals)-32, Mumbai, for the assessment year 2004-05.
2. At the outset, the learned Departmental Representative submitted before us that the tax effect pertaining to the amount disputed by the Department is less than the monitory limit of ` 10 lakh fixed by the CBDT in Circular no.21 of 2015 dated 10 th December 2 Shri Hiren M. Shah 2015, in relation to appeal before the Income Tax Appellate Tribunal. Taking into consideration the aforesaid submissions of the learned Departmental Representative and also finding that the CBDT circular under reference applies retrospectively, even to pending appeals, we dismiss the appeal of the Department as not maintainable.
3. In the result, appeal stands dismissed.
Order pronounced in the open Court on 18.11.2016 Sd/- Sd/-
MANOJ KUMAR AGGARWAL SAKTIJIT DEY ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 18.11.2016 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A);
(4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai;
(6) Guard file.
True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary (Dy./Asstt. Registrar) ITAT, Mumbai