Income Tax Appellate Tribunal - Mumbai
Dcit 28(1), Navi Mumbai vs Hari Om Builders & Developers, Navi ... on 16 December, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
"D" BENCH, MUMBAI
BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND
SHRI N.K. PRADHAN, ACCOUNTANT MEMBER
ITA no.2102/Mum./2015
(Assessment Year : 2011-12)
Dy. Commissioner of Income Tax
Circle-28(1), Tower no.6
................ Appellant
Vashi Railway Station, Vashi
Navi Mumbai 400 020
v/s
Hari Om Builders & Developers
A-503, Shree Nand Dham Plot no.59
Sector-11, Belapur ................ Respondent
Navi Mumbai 400 614
PAN - AAEFH3888D
Revenue by : Shri Purshottam Kumar
Assessee by : Shri Rajendra Kadrekar
Date of Hearing - 06.12.2016 Date of Order - 16.12.2016
ORDER
PER SAKTIJIT DEY, J.M.
Aforesaid appeal at the instance of the Department is directed against the order dated 29th January 2015, passed by the learned Commissioner (Appeals)-26, Mumbai, for assessment year 2011-12.
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 2 Hari Om Builders & Developers fixed by the CBDT in Circular no.21 of 2015 dated 10 th December 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 16.12.2016 Sd/- Sd/-
N.K. PRADHAN SAKTIJIT DEY
ACCOUNTANT MEMBER JUDICIAL MEMBER
MUMBAI, DATED: 16.12.2016
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