ITO 7(2)2, MUMBAI V. SESSO FASHIONS P.LTD, MUMBAI

ITA 1680/MUM/2013

• Counselvise Citation: 168019914 RSA 2013
• Duration Of Justice: 1 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 17-12-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 01-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SACHIDNAND DUBEY
• Keywords: Tax effect

Judgement Text

, , ,, , , ,, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI , . . , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C.SHARMA, ACCOUNTANT MEMBER . / ITA NO.1680/MUM/2013 ! ! ! ! ' ' ' ' / ASSESSMENT YEAR: 2007-08 INCOME TAX OFFICER 7(2)-2, ROOM NO.621A, M.K.ROAD, MUMBAI-400020 VS. M/S SESSO FASHIONS PVT. LTD. KEWAL INDUSTRIAL ESTATE, TULSI PIPE ROAD, LOWER PAREL, MUMBAI-400013 ( # / REVENUE) ( $%&' / RESPONDENT ) P.A. NUMBER : AAJCS0229H # ( ) / REVENUE BY: SHRI SACHIDNAND DUBEY $%&' ( ) / RESPONDENT BY NONE ! ( *+ / DATE OF HEARING : 17/12/2014 ,-' ( *+ / DATE OF PRONOUNCEMENT : 17/12/2014 O R D E R PER JOGINDER SINGH, JM: THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 03/12/2012 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, ON THE GROUNDS AS STATED IN THE GROUNDS OF APPEAL, BROADLY DELETING THE ADDITION AMOUNTING TO RS.10,10,000/- MADE ON ACCOUN T OF UNSECURED LOANS. 2 M/S SESSO FASHIONS PVT. LTD. . 2. AT THE TIME OF HEARING, SHRI SACHIDANAND DUBEY, LD. DR, DEFENDED THE ADDITION MADE BY THE ASSESSING OFFICER . HOWEVER, NONE WAS PRESENT FOR THE ASSESSEE. REGISTERED NOTI CE OF HEARING WAS ISSUED TO THE ASSESSEE ON THE ADDRESS MENTIONED FORM NO.36 WHICH WAS RETURNED BACK BY THE POSTAL AUTHORITIES. WE HAVE NO OPTION BUT TO PROCEED EX-PARTY QUA THE ASSESSEE AND TEND TO DISPOSED OF THIS APPEAL ON THE BASIS OF MATERIAL AV AILABLE ON RECORD. WE NOTE THAT TAX EFFECT IN THE PRESENT APP EAL, FILED BY THE REVENUE, IS BELOW PRESCRIBED MONETARY LIMIT. 2.1. WE HAVE GONE THROUGH THE CBDT INSTRUCTION NO.5/2014 DATED 10/7/2014 ISSUED ON 10/7/2014 F.NO.279/MISC.142/2007-IT(PT) WHEREIN THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE TRIBUNAL IS RS.4.00 LA CS, U/S. 260A, BEFORE THE HON'BLE HIGH COURT RS.10.00 LACS AND BEF ORE THE HON'BLE APEX COURT THE LIMIT IS RS.25.00 LACS. UNCO NTROVERTEDLY THE MONETARY LIMIT IN THE PRESENT APPEAL IS BELOW T HE PRESCRIBED LIMIT, BECAUSE THE ONLY GROUND RAISED BEFORE THIS T RIBUNAL IS WITH RESPECT TO DELETING THE ADDITION AMOUNTING TO RS.10,10,000/- MADE ON ACCOUNT OF UNSECURED LOANS W HICH WAS DELETED BY THE LD. COMMISSIONER OF INCOME TAX (APPE ALS). NO OTHER GROUND HAS BEEN RAISED BY THE REVENUE, CONSEQ UENTLY, WITHOUT GOING INTO MUCH DELIBERATION AND CONFINING OUR-SELF TO THE ADDITION OOZING OUT OF GROUND RAISED BEFORE US, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISS ED AS SUCH. 3 M/S SESSO FASHIONS PVT. LTD. . FINALLY, 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 17/12/2014. SD/- SD/- (R.C.SHARMA) (JO GINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED - 17 /12/2014 F{X~{T? P.S/. ! . . ( (( ( $*. $*. $*. $*. /.'* /.'* /.'* /.'* / COPY OF THE ORDER FORWARDED TO : 1. &' / THE APPELLANT 2. $%&' / THE RESPONDENT. 3. 0 ( ) / THE CIT(A)- 4. 0 / CIT 5. .12 $*! , , / DR, ITAT, MUMBAI 6. 23 4 / GUARD FILE. ! ! ! ! / BY ORDER, %.* $* //TRUE COPY// 5 55 5 / 6 6 6 6 # # # # (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI