Income Tax Appellate Tribunal - Mumbai
Dcit 10(2), Mumbai vs Sandip Y Shah, Mumbai on 21 June, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "E", MUMBAI
BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER
AND
SHRI PAWAN SINGH, JUDICIAL MEMBER
ITA Nos.3876 & 3877/Mum/2014
(Assessment Years 2005-06&2006-07)
Dy. Commissioner of Income tax-10(2),
Room No.432/474, 4th Floor,
Aaykar Bhavan,M.K.Road,
Mumbai 400 020 ...... Appellant
Vs.
Shri Sandeep Y. Shah
96-B, Hirak Society, 2nd Floor,
S.v.Road, Vile Parle(W),
Mumbai 56.
PAN:AAKPS 6736M .... Respondent
C.O.NO.186& 185/MUM/2015
(Arising out of ITA Nos.3876 & 3877/Mum/2014
Assessment Years 2005-06&2006-07)
Shri Sandeep Y. Shah
96-B, Hirak Society, 2nd Floor,
S.v.Road, Vile Parle(W),
Mumbai 56.
PAN:AAKPS 6736M .... Cross Objector
Vs.
Dy. Commissioner of Income tax-10(2),
Room No.432/474, 4th Floor,
Aaykar Bhavan,M.K.Road,
Mumbai 400 020 .... Appellant in appeal
Appellant by : Dr.A.K.Nayak
Respondent by : Shri Hiro Rai
Date of hearing : 21/06/2017
Date of pronouncement : 21/06/2017
2
ITA Nos.3876 & 3877/Mum/2014
(Assessment Years 2005-06&2006-07)
C.O.NO.186& 185/MUM/2015
ORDER
PER G.S.PANNU,A.M:
The captioned appeals filed by the Revenue and cross objections filed by the assessee pertaining to the assessment years 2005-06 and 2006-07, are directed against separate orders passed by the CIT(A)-22, Mumbai dated 03/03/2014, which in turn, arise out of orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short 'the Act').
3. At the outset, it was submitted by Ld. Representative for the assessee that the tax effect involved in the appeals of the Revenue are less than Rs.10.00 lacs, and the same has been accepted by the Ld. Departmental Representative. The CBDT vide Circular No.21/2015 dated 10/12/2015 has revised the monetary limits for filing of appeals by the Department before the Tribunal retrospectively. Since the tax effect in dispute in the captioned appeals are stated to be below the monetary limit of Rs.10.00 lacs specified in the CBDT Circular dated 10/12/2015 (supra), the same are dismissed as not maintainable.
4. In the result, appeals filed by the Revenue are dismissed.
5. In so far as the cross objections filed by the assessee are concerned, the Ld. Representative for the assessee did not press the Grounds raised in the cross objections, therefore, the same are dismissed as not pressed.3
ITA Nos.3876 & 3877/Mum/2014 (Assessment Years 2005-06&2006-07) C.O.NO.186& 185/MUM/2015
6. As a result, appeals of the Revenue and cross objections of the assessee are dismissed, as above.
The above decision was pronounced in the open court in the presence of both the parties at the conclusion of hearing on 21/06/2017.
Sd/- Sd/-
(PAWAN SINGH) (G.S. PANNU)
JUDICIAL MEMBER ACCONTANT MEMBER
Mumbai, Dated 21/06/2017
Vm, Sr. PS
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