INCOME TAX OFFICER WARD 27(2)(5), MUMBAI V. SMT.PANKITA JATIN MEHTA, MUMBAI

ITA 1246/MUM/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5027 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 05-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K BEPARIDR
• Keywords: Bogus purchase; Tax effect

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.1246/MUM/2018 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER-27(2)(5), ROOM NO.421, 4 TH FLOOR, TOWER NO.6, VASHI RAILWAY STATION COMPLEX, VASHI, MAHARASHTRA-400705 / VS. SMT. PANKITA JATIN MEHTA, A/9, JYOTI BUILDING, R. B. MEHTA ROAD, GHATKOPAR EAST, MUMBAI-400077 / REVENUE / ASSESSEE P.A. NO . AACPM2507J $ % & / REVENUE BY SHRI S.K. BEPARI-DR $ % & / ASSESSEE BY SHRI KIRIT SANGHVI / DATE OF HEARING 09/10/2018 & / DATE OF ORDER: 09/10/2018 & / O R D E R THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 05/12/2017 OF THE LD. FIRST APPELLATE AUTHORI TY, ITA NO.1246/MUM/2018 PANKITA JATIN MEHTA 2 MUMBAI, DELETING THE ADDITION OF RS.37,64,435/- LAK HS ON ACCOUNT OF BOGUS PURCHASES. 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, SH RI KIRIT SANGHVI, LD. COUNSEL FOR THE ASSESSEE, POINTE D OUT THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBED MONETARY LIMIT OF RS.20 LAKH. THE LD. DR , SHRI S. K. BEPARI, DID NOT CONTROVERT THE FACTUAL MATRIX . 2.1. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW PRESCRIBED LIMIT OF RS.20 LAKH, VIDE INSTRUCTION/CIRCULAR NO.3 OF 2018, ISSUED BY CBDT ( F NO.279/MISC./142/ 2007-ITJ(PT) DATED 11/07/2018. A S PER THE CIRCULAR, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPEAL I N THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITAT 20,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 50,00,000/ - 3. BEFORE HONBLE SUPREME COURT 1,00,00,000/ - ITA NO.1246/MUM/2018 PANKITA JATIN MEHTA 3 IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.20,00,000/- (NOT CONTROVERTED BY LD . DR ALSO), CONSEQUENTLY, THE APPEAL OF THE REVENUE IS N OT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 09/10/2018. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 09/10/2018 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * ( '#$ ) / THE CIT, MUMBAI. 4. ) ) * / CIT(A)- , MUMBAI 5. -./ ' , ) '#$ ' 1 , / DR, ITAT, MUMBAI 6. /2 3$ / GUARD FILE. & / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI