JCIT RG 13(1), MUMBAI V. SURENDRA ENGINEERING CORPORATION, MUMBAI

ITA 1458/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7484 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 04-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAVEEN GUPTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH: MUMBAI BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI T.R. SOOD, ACCOUNTANT MEMBER ITA NO 1458/MUM/2009 (ASSESSMENT YEAR: 2003-04) DY. COMMISSIONER OF INCOME-TAX 12-(2), ROOM NO.114, AAYAKAR BHAVAN, M K ROAD, NEW MARINE LINES, MUMBAI -400 020 VS M/S. SURENDRA ENGINEERING CORPN., (EXPORT DIVISION), JAI THIRTH MANSION, 6A, BARRACK ROAD, BEHIND METRO ADLABS MUMBAI-400 020 PAN: AAAFS 5017 M APPELLANT RESPONDENT APPELLANT BY: SHRI NAVEEN GUPTA RESPONDENT BY: SHRI SANJAY PARIKH ORDER PER T.R.SOOD (AM): THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED A GAINST THE ORDER DATED 03.12.2008 PASSED BY THE LEARNED CIT (A) FOR THE AS SESSMENT YEAR 2003-04. 2. AT THE TIME OF HEARING IT WAS OBSERVED THAT THE TAX EFFECT IN APPEAL FILED BY THE REVENUE IS LESS THAN RS 2.0 LACS. 3. THAT BEING SO AND IN TERMS OF RECENT INSTRUCTION NO.5/2008 DATED 15TH MAY, 2008 ISSUED BY THE C.B.D.T. THE DEPARTMENT SHOULD N OT HAVE FILED THE APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DIS MISSED. 4. IN THE RESULT, REVENUES APPEAL STANDS DISMISSE D. ORDER PRONOUNCED ON THIS 19 TH DAY OF MARCH 2010. SD. SD. (N.V. VASUDEVAN ) JUDICIAL MEMBER (T.R.SOOD) ACCOUNTANT MEMBER MUMBAI, DATED: 19 TH MARCH, 2010 ITA 1458/M/2009 SURENDRA ENGG. CORPN. 2 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT -XIII, MUMBAI. 4) THE CIT(A)-XIII, MUMBAI. 5) THE D.R. E BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / KN/ ASSTT. REGISTRAR I.T.A.T., MUMBAI ITA 1458/M/2009 SURENDRA ENGG. CORPN. 3