DCIT - 7(2), MUMBAI V. M/S GUNNEBO INDIA LTD., THANE

ITA 2575/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83850 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 22-09-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 04-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK BATRA
• Assessee Lawyers: JANHAVI; NIKET SAMPAT
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'G' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO. 2575/MUM/2013 (ASSESSMENT YEAR: 2009-10) D C I T - 7(2) VS. M/S. GUNNEBO INDIA LTD. ROOM NO. 624, AAYAKAR BHAVAN M.K. ROAD, MUMBAI 400020 UNIT NO. 2, 1ST FLOOR, AKRUTI SMC LBS MARG, KHOPAT THANE (W) 400601 PAN - AAACS7236D APPELLANT RESPONDENT APPELLANT BY: SHRI VIVEK BATRA RESPONDENT BY: SHRI NIKET SAMPAT & SHRI JANHAVI PANDIT DATE OF HEARING: 22.09.2014 DATE OF PRONOUNCEMENT: 22.09.2014 O R D E R PER D. MANMOHAN, V.P. THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER DATED 08.01.2013 PASSED BY THE CIT(A)-13, MUMBAI AND IT PERTAINS TO A.Y. 2009-10. 2. REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPE AL: - I. THE LEARNED CIT(A) HAS ERRED ON FACTS AND IN LA W IN DELETING THE AMOUNT OF RS.5,09,167/- BEING THE AMOUNT OF ADDITIO N MADE ON THE BASIS OF AIR INFORMATION RECEIVED FRO SEVERAL T RANSACTIONS MADE BY THE ASSESSEE, WITHOUT PROPERLY APPRECIATING THE FACTUAL AND LEGAL MATRIX AS CLEARLY BROUGHT OUT BY THE ASSE SSING OFFICER. II. THE LEARNED CIT(A) HAS ERRED ON FACTS IN LAW IN DELETING THE AMOUNT OF RS.5,09,167/- BEING THE AMOUNT OF ADDITIO N MADE ON THE BASIS OF AIR INFORMATION RECEIVED FOR SEVERAL T RANSACTIONS MADE BY THE ASSESSEE, IGNORING THE FACT THAT THE AS SESSING OFFICER HAD NOT RECEIVED ANY CONFIRMATION LETTER FROM THE P ARTIES CONCERNED FOR PROVIDING THE TRANSACTIONS. 3. AT THE TIME OF HEARING IT WAS POINTED OUT THAT T HE TAX EFFECT IN THE INSTANT CASE IS LESS THAN THE LIMIT PRESCRIBED BY T HE CBDT. AS PER CBDT CIRCULAR NO. 3 DATED 09.02.2011 AN APPEAL SHOULD NO T BE PREFERRED BY ITA NO. 2575/MUM/2013 M/S. GUNNEBO INDIA LTD. 2 REVENUE UNLESS THE TAX EFFECT IS ABOVE ` 3,00,000/- OR THE ISSUE ARISING OUT OF THE ORDER OF THE FIRST APPELLATE AUTHORITY IS EXCEP TIONAL IN NATURE AND IT IS SPECIFICALLY MENTIONED IN THE AUTHORISATION. IN THE ABSENCE OF SHOWING THAT THE CASE FALLS UNDER EXCEPTIONAL CIRCUMSTANCE THE A PPEAL FILED BY REVENUE DESERVES TO BE DISMISSED AS UNADMITTED. 4. IN THE LIGHT OF THE CIRCULAR ISSUED BY THE CBDT (SUPRA), WHICH IS BINDING UPON THE REVENUE AUTHORITIES, THIS APPEAL D ESERVES TO BE DISMISSED AS UNADMITTED FOR WANT OF TAX EFFECT AND WE ORDER A CCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND SEPTEMBER, 2014. SD/- SD/- ( D. KARUNAKARA RAO ) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 22 ND SEPTEMBER, 2014 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 13, MUMBAI 4. THE CIT 7, MUMBAI CITY 5. THE DR, G BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.