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The ITO Ward 19(3)(2), 3rd Floor, Piramal Chamber, Room No.306, Lalbaug, Mumbai 400 012. Vs. Joel Dominic Goveya, 21,Victoria Apartment, 148, St. Alexious Road, Bandra (W), Mumbai 400 050
July, 07th 2015
                      MUMBAI BENCHES `J' MUMBAI
      [ .. , Û è  .. è ,  è                         ¢ 


                      . / ITA No. 543/MUM/2014
                       [ [ /Assessment Year 2009-10

     The I TO Ward 19(3)(2),  / Joel Dominic Goveya,
     3 r d Floor, Piramal         21,Victoria Apartment,
     Chamber, Room No.306,        148, St. Alexious Road,
     Lalbaug, Mumbai 400 012.     Bandra (W), Mumbai 400 050
     è    . /   . / PAN/GIR No. : ANNPG 3737E

         ( /Appellant)                  ..          (× / Respondent)

     Assessee by            Shri Love Kumar
     Respondent by :        Shri Ajit Shetty
                  / Date of Hearing          : 30/06/2015
               /Date of Pronouncement : 03/07/2015
                                   / O R D E R


      This is an appeal filed by the Revenue and it is directed against order
passed by Ld. CIT(A)-18, Mumbai         dated 19/11/2013 for assessment year
2009-10. Grounds of appeal read as under:

       "(1) "Whether on the facts and under the circumstances of the case and in law,
      the Learned CIT(A) was right in holding that the date of indexed cost of
      acquisition for computation of Capital gain should be the year in which the
      previous owner acquired the property and not the year in which the assessee
      became the owner.

2.    At the outset it was pointed out by Ld. AR that the tax effect involved in the
present appeal is below Rs.4.00 lacs as the disputed addition is on account of long
term capital gain which a sum of Rs.18.00 lacs, on which the tax effect would be
                                             2                 . / ITA No. 543/MUM/2014
                                                               [ [ /Assessment Year 2009-10

Rs.3.60 lacs. He has submitted a calculation of tax effect, copy of which was given to
Ld. DR. Ld. DR submitted that this appeal was filed when the new CBDT instructions
were not available.     However, Ld. DR did not dispute the tax effect calculation
submitted by Ld. AR.
3.     Vide    CBDT      InstructionNo.5/2014         No.279/MISC.142/2007-ITJ(PT)]
dated 10/07/2014,       the tax effect limit for filing the appeal before the Tribunal
by the Revenue was enhanced from Rs.3.00 lacs to Rs.4.00 lacs.

4.    We have considered the submissions of               both the parties.       However,
according to following decisions of Hon'ble           Jurisdictional High Court, such
notifications issued under section 268A would be applicable                   even to the
appeals filed before issue of the notification if the limit is enhanced:

1. In the case of CIT vs. Smt. Vijaya Kavekar (2013 30 412)                    it
was held as under:

              Section 260A, read with Section 268A, of the Income-tax Act, 1961 - High
              Court - Appeals to - Tax effect - Whether Instruction No. 3 of 2011, dated 9-
              2-2011, specifying monetary limit of Rs. 10 lakhs for maintainability of
              appeal before High Court is applicable on pending appeals as well - Held,
              yes - Whether, therefore, where tax effect in revenue's appeals was less
              than Rs. 10 lakhs which was filed even prior to issue of Instruction dated
              9-2-2011, same was to be dismissed being non-maintainable - Held, yes
              [In favour of assessee]

2. In the case of CIT vs. Madhukar Imandar (2009 185 Taxman 101] it was
held as under:

              Section 268A, read with section 119, of the Income-tax Act, 1961 - Appeal
              or application for reference - Filing of, by income-tax authority - Whether
              circular/Income-tax Instruction No. 5 of 2008, dated 15-5-2008 issued by
              CBDT directing income-tax authorities not to file appeals if tax effect is less
              than Rs. 4 lakhs would be applicable to cases pending before High Court
              as on 15-5-2008 either for admission or for final disposal, even though
              said appeals and/or petitions were filed before High Court prior to 15-5-
              2008 - Held, yes
                                       3              . / ITA No. 543/MUM/2014
                                                      [ [ /Assessment Year 2009-10

5.    In this view of the situation, we dismiss the appeal filed by the Revenue
on account of low tax effect as per aforementioned      instruction issued by
      Order pronounced in the open court on 30/06/2015
                      Û   03/07/2015    

                    Sd/-                                          Sd/-
(.. è/B.R.BASKARAN)                            ../I.P.BANSAL)
 è / ACCOUNTANT MEMBER                     Û è / JUDICIAL MEMBER
 Mumbai;          Dated 03/07/2015

    /Copy of the Order forwarded to :
1.  / The Appellant
2.   × / The Respondent.
3.    È() / The CIT(A)-
4.    È / CIT
5.    ,   ,  / DR, ITAT,
6.   [  / Guard file.
                                                 / BY ORDER,
×  //True Copy//
                                           /             (Dy./Asstt. Registrar)
                                     ,  / ITAT, Mumbai
.../Vm, Sr. PS
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