ITO 24(2)(1), MUMBAI V. NITIN M SATRA, MUMBAI

ITA 1045/MUM/2011

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71315 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 16-09-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 04-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C P PATHAK
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO . 1045/MUM/2011 ASSESSMENT YEAR : 2006-07 ITO 24(2)(1) ROOM NO. 606, 6 TH FLOOR PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI-51 VS. NITIN M. SATRA 701, INDRAPRASTH CHS, DOMNIC COLONY CROSS ROAD NO. 3, ORLAM, MALAD (W) MUMBAI- 400 064 PAN:AMSPS 0732 M (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI C.P. PATHAK DATE OF HEARING : 16.09.2013 DATE OF PRONOUNCEMENT : 25.09.2013 O R D E R PER DR. S.T.M. PAVALAN, JM: THIS APPEAL IS FILED BY THE REVENUE IS DIRECTED AG AINST THE ORDER OF THE LD.CIT(A)-34, MUMBAI DATED 22.11.2010 DELETING VARI OUS ADDITIONS MADE BY THE AO FOR THE ASSESSMENT YEAR 2006-07. 2. WE HAVE HEARD THE LD.DR IN THE MATTER. NO ONE A PPEARED ON BEHALF OF THE ASSESSEE. IT IS OBSERVED THAT THE TAX EFFECT IN THI S CASE IS LESS THAN RS.3.00 LACS WHICH IS ADMITTED BY THE LD.DR. AS PER THE CBDT INS TRUCTION NO.2 DATED 24.10.2005 THE REVENUE AUTHORITIES ARE NOT AUTHORISED TO FILE APPEAL BEFORE THE TRIBUNAL IN CASE TAX EFFECT IS LESS THAN RS.2.00 LACS. THE SAID LIM IT WAS RAISED TO RS.3.00 LACS VIDE INSTRUCTION NO.3 OF 2011 DATED 9.2.2011 OF CBDT. T HE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. CAMCO COLOR CO. (254 ITR 565 ) HAS HELD THAT THE APPEAL FILED ITA NO. 1045/MUM/2011 NITIN M. SATRA ASSESSMENT YEAR: 2006-07 2 BY THE REVENUE AUTHORITIES IN CONTRAVENTION OF THE INSTRUCTION OF CBDT IS NOT MAINTAINABLE. THE HONBLE HIGH COURT OF BOMBAY IN CASE OF PITHWA ENGINEERING WORKS (276 ITR 519) HAS ALSO HELD THAT THE INSTRUCT ION ISSUED BY THE CBDT PRESCRIBING TAX LIMIT FOR FILING APPEAL BEFORE TRIB UNAL OR HIGH COURT WOULD ALSO APPLY TO PENDING APPEALS EVEN THOUGH ON THE DATE OF FILIN G APPEALS, THE MONETARY LIMIT MAY HAVE BEEN LOWER. IN THIS CASE ON THE DATE OF F ILING APPEAL, THE MONETARY LIMIT WAS RS.2.00 LACS WHICH HAS NOW BEEN RAISED TO RS.3. 00 LACS. THEREFORE, IN VIEW OF THE JUDGMENT OF HONBLE BOMBAY HIGH COURT IN CASE O F PITHWA ENGINEERING WORKS (SUPRA), THE APPEAL FILED BY THE REVENUE IN THIS CA SE IS NOT MAINTAINABLE AS TAX EFFECT IS LESS THAN RS.3.00 LACS. WE, THEREFORE, DISMISS THE APPEAL OF THE REVENUE AS NON- MAINTAINABLE. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 25 TH DAY OF SEPTEMBER, 2013. SD/- SD/- (P.M. JAGTAP) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 25.09.2013. *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR G BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.