RUSCO PHARMA P.LTD, MUMBAI V. ITO 3(3)1, MUMBAI

CO 127/MUM/2011

• Counselvise Citation: [2011] 122 COUNSELVISE.COM (IT) 6800 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-12-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 07-12-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 10-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: C G K NAIR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, A.M. AND SHRI V. DU RGA RAO, J.M. ITA NO. 5878/MUM/2010 ASSESSMENT YEAR: 2005-06 INCOME TAX OFFICER-3(3)(1), APPELLANT ROOM NO. 602, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI 400 020. VS. RUSCO PHARMA P. LTD., RESPONDENT GROUND FLOOR, RAGHUVANSHI MANSION, RAGHUVANSHI MILLS COMPOUND, 9-11, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI 400 013. C.O. NO. 127/MUM/2011 (IN ITA NO. 5878/MUM/2010 ASSESSMENT YEAR: 2005-06) RUSCO PHARMA P. LTD., CROSS OBJECTOR GROUND FLOOR, RAGHUVANSHI MANSION, RAGHUVANSHI MILLS COMPOUND, 9-11, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI 400 013. VS. INCOME TAX OFFICER-3(3)(1), RESPOND ENT ROOM NO. 602, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI 400 020. REVENUE BY : MR. C.G.K. NAIR RESPONDENT BY : NONE DATE OF HEARING : 07/12/2011 DATE OF PRONOUNCEMENT : /12/2011 ORDER PER V. DURGA RAO, J.M.: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGA INST THE ORDER OF CIT(A)-7, MUMBAI, PASSED ON 03/03/2010 FOR THE ASSE SSMENT YEAR ITA NO. 5878/M/2010 & C.O. 127/M/11 M/S RUSCO PHARMA PVT. LTD. 2 2005-06. THE ASSESSEE ALSO FILED C.O., WHICH IS IN SUPPORT OF THE ORDER OF CIT(A). 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. WE FIND TH AT THE TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LES S THAN RS. 3 LAKHS AND THIS POSITION HAS NOT BEEN DISPUTED EVEN BY THE LEARNED DR. AS PER THE CBDT INSTRUCTION NO. 3 OF 2011 ISSUED ON 09 /02/2011, THE MONETARY LIMIT FOR FILING OF AN APPEAL BY THE DEPAR TMENT BEFORE THE TRIBUNAL HAS BEEN REVISED TO RS. 3 LAKHS. AS DECIDE D BY THE CBDT, APPEALS SHALL NOT BE FILED BY THE DEPARTMENT IN CAS ES WHERE TAX EFFECT DOES NOT EXCEED RS. 3 LAKHS. IN THE CASE OF CIT VS. MADHUKAR INAMDAR (HUF) 318 ITR 149, THE HONBLE BOMBAY HIGH COURT HA S HELD THAT CBDT INSTRUCTION FIXING ANY MONETARY LIMIT FOR FILI NG THE APPEAL WOULD APPLY EVEN FOR THE PENDING CASES. KEEPING IN VIEW T HE SAID DECISION OF HONBLE JURISDICTIONAL HIGH COURT AND THE BOARD INS TRUCTION NO. 3 OF 2011 DATED 09/02/2011, WE HOLD THAT THE PRESENT APP EAL FILED BY THE DEPARTMENT INVOLVING TAX EFFECT OF LESS THAN 3 LAKH S IS NOT MAINTAINABLE AND THE SAME IS, THEREFORE, DISMISSED. 3. SINCE THE APPEAL OF THE REVENUE IS DISMISSED, TH E C.O. FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND, THEREFORE, TH E CO IS DISMISSED AS INFRUCTUOUS. 4. IN THE RESULT, APPEAL OF THE REVENUE AS WELL AS C.O. FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF DECEMBER, 2011. SD/- SD/- (J. SUDHAKAR REDDY) (V. DU RGA RAO) ACCOUNTANT MEMBER JUDI CIAL MEMBER MUMBAI, DATED: 16 TH DECEMBER, 2011 KV ITA NO. 5878/M/2010 & C.O. 127/M/11 M/S RUSCO PHARMA PVT. LTD. 3 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, D BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI.