ITO 25(3)(2), MUMBAI V. MRS. KANCHAN A. LAD, MUMBAI

ITA 2015/MUM/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 79480 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 24-07-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 11-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUM BAI , , BEFORE SHRI SANJAY ARORA, AM AND SHRI AMIT SHUKLA, JM ./ I.T.A. NO. 2015/MUM/2011 ( / ASSESSMENT YEAR: 2007-08) ITO-25(3)(2), C-11, ROOM NO. 306, PRATYAKSH KAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400 051 / VS. KANCHAN A. LAD ROOM NO. 32, SHAFI MOHD CHAWL, GAONDEVI ROAD, POISAR, KANDIVALI (E), MUMBAI-400 101 ' ./# ./PAN/GIR NO. ACDPL 3042 L ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) '$ ' ( / APPELLANT BY : MS. NEERAJA PRADHAN %&'$ ' ( / RESPONDENT BY : NONE )* + ' , / DATE OF HEARING : 24.07.2014 -./ ' , / DATE OF PRONOUNCEMENT : 24.07.2014 / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-35, MUMBAI (CIT(A) FOR SH ORT) DATED 24.12.2010, ALLOWING THE ASSESSEES APPEAL CONTESTING HER ASSESSMENT U/S .144 OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMENT YEAR (A. Y.) 2007-08 VIDE ORDER DATED 18.12.2009. 2 ITA NO. 2015/MUM/2011 (A.Y. 2007-08) ITO VS. KANCHAN A. LAD 2. NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE- RESPONDENT WHEN THE INSTANT APPEAL WAS CALLED OUT FOR HEARING ON 22.07.2014 . IT WAS, HOWEVER, OBSERVED BY THE BENCH THAT THE REVENUES APPEAL MAY NOT SURVIVE IN VIEW O F THE LOW TAX-EFFECT. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) SOUGHT TIME TO CON FIRM THE SAME, AND THE HEARING WAS ACCORDINGLY ADJOURNED TO 24.07.2014 . THE LD. DR HAS NOW, ADDUCING A COPY OF THE LETTER DATED 22/7/2014 BY THE CONCERNED ASSESSING OFFICER (A.O.), WORKING THE TAX EFFECT AT RS.2,62,505/- (COPY ON RECORD), CONFIRMED THE TAX EFFECT OF THE APPEAL AT BELOW RS.3 LACS, I.E., THE EXTANT THRESHOLD LIMIT FOR THE MAINTAINAB ILITY OF THE REVENUES APPEAL BEFORE THE APPELLATE TRIBUNAL IN TERMS OF SECTION 268A OF THE ACT. IN THIS VIEW OF THE MATTER, WE DISMISS THE REVENUES APPEAL AS NOT MAINTAINABLE. W E DECIDE ACCORDINGLY. 3. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON JULY 24, 2014 . SD/- SD/- (AMIT SHUKLA) (SANJAY ARORA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER 0+ MUMBAI; 1) DATED : 24.07.2014 *.)../ ROSHANI , SR. PS !' # $%&' (!'% / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. 4*5 6 %)78 , , 78/ , 0+ / DR, ITAT, MUMBAI 6. 6 9: ; + / GUARD FILE !' ) / BY ORDER, */)+ , (DY./ASSTT. REGISTRAR) , 0+ / ITAT, MUMBAI