SARVANDEVI KAINYA, MUMBAI V. DCIT CEN CIR 22, MUMBAI

CO 168/MUM/2014

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 1023 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2006-2007
• Appeal Filed On: 13-08-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: H M WANARE
• Keywords: Unexplained cash credit; Tax effect

Judgement Text

E IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI A.D. JAIN, JM AND SHRI RAJENDRA, AM .. , , ./ I.T.A. NO. 4080 /MUM/2013 ( / ASSESSMENT YEAR : 2006-07 DCIT, CENT. CIR. 22, ROOM NO. 403, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 20. / VS. SMT. SARVANDEVI KAINYA, 701, GAURAV APARTMENT, GOKULDHAM, GOREGAON (E), MUMBAI 400 063. ./ PAN : AFUPK1096B ( / APPELLANT ) .. ( ! / RESPONDENT ) ! ' /C.O. NO. 168/MUM/2014 ARISING OUT OF ITA NO. 4080/MUM/2013 ( / ASSESSMENT YEAR 2006-07 SMT. SARVANDEVI KAINYA, 701, GAURAV APARTMENT, GOKULDHAM, GOREGAON (E), MUMBAI 400 063. / VS. DCIT, CENT. CIR. 22, ROOM NO. 403, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 20. ./ PAN : AFUPK1096B ( / APPELLANT ) .. ( ! / RESPONDENT ) A SSESSEE BY SHRI H.M. WANARE R E SPONDENT BY : SHRI RAHUL K. HAKANI ; < = > ? @ / DATE OF HEARING : 20-07-2015 ABCD > ? @ / DATE OF PRONOUNCEMENT : 20-07-2015 [ ITA 4080/M/13 & CO 168/M/14 2 E / O R D E R PER A.D. JAIN, J.M . : .. , THIS APPEAL, FILED BY THE REVENUE, BEING ITA NO. 40 80/MUM/2013, IS DIRECTED AGAINST THE ORDER DATED 6-3-2013 PASSED BY THE LD. CIT(A) -39, MUMBAI, FOR THE ASSESSMENT YEAR 2006-07, AND THE CR OSS OBJECTIONS BEING C.O. NO. 168/MUM/2014 HAVE BEEN FILED BY THE ASSESS EE. 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE LD . CIT(A) ERRED IN DELETING THE ADDITION OF RS. 9,01,812/- MADE U/S 68 OF THE I NCOME TAX ACT, 1961 AS UNEXPLAINED CASH CREDIT AND RS. 45,091/- AS UNACCOU NTED COMMISSION EXPENDITURE. 3. AT THE TIME OF HEARING, IT IS OBSERVED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETA RY LIMIT OF RS. 4 LACS FIXED BY THE CBDT VIDE INSTRUCTION NO. (F.NO. 279/MISC.14 2/2007-ITJ (PT) DT. 10.7.2014. THE LD. D.R. HAS NOT DISPUTED THIS POSIT ION CLEARLY EVIDENT FROM THE GROUND TAKEN BY THE REVENUE. 4. KEEPING IN VIEW THE CBDT INSTRUCTION NO. (F.NO. 279/MISC.142/2007- ITJ (PT) DT. 10.7.2014., WE HOLD THAT THE PRESENT A PPEAL FILED BY THE DEPARTMENT INVOLVING TAX EFFECT LESS THAN RS. 4 LAC S IS NOT MAINTAINABLE. THE SAME IS, THEREFORE, DISMISSED AT THE THRESHOLD. 5. SINCE WE HAVE DISMISSED THE APPEAL OF THE REVENU E, THE C.O. FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS. ACCORDINGLY, D ISMISSED AS INFRUCTUOUS. ITA 4080/M/13 & CO 168/M/14 3 6. IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS D ISMISSED, WHEREAS THE C.O. FILED BY THE ASSESSEE IS DISMISSED AS INFRUCTU OUS. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH JULY, 2015. E > ABCD ; FG H I 20-07-2015 B > J= SD/- SD/- (RAJENDRA) (A.D. JAIN ) ACCOUNTANT MEMBER /J UDICIAL MEMBER F ; R= MUMBAI ; H DATED 20-07-2015 [ <.../ R.K. R.K. R.K. R.K. , SR. PS ! ' #$%& ' &$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. ! / THE RESPONDENT. 3. ; S? () / THE CIT(A)- 39, MUMBAI 4. ; S? / CIT- CENT. II, MUMBAI 5. V