I.T.O.19(3)(1), MUMBAI V. GEETA V. DAYAL, MUMBAI

ITA 2588/MUM/2012

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0607 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 18-05-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 17-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR BORA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI N.K . BILLAIYA, A CCOUNTANT M EMBER / I .T.A. NO . 2588/MUM/2012 ( / ASSESSMENT YEAR : 2007 - 08 THE ITO - 19(3)(1), PIRAMAL CHAMBERS, LALBAUG, MUMBAI - 400 012 / VS. SMT. GEETA V. DAYAL, 15 - A, HILL ROAD, OPP DAMIAN, NEAR MEHBOOB STUDIO, BANDRA (W), MUMBAI - 400 050 ./ ./ PAN/GIR NO. : AGAOD 6380P ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI VIJAY KUMAR BORA / RESPONDENT BY : SHRI HARESH P. SHAH / DATE OF HEARING : 19 . 0 5 .2015 / DATE OF PRONOUNCEMENT : 19 .0 5 .2015 / O R D E R PER N.K. BILLAIYA, AM: THIS IS AN APPEAL BY THE REVENUE PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) - 30 , MUMBAI DT. 2. 01 .2012 PERTAINING TO ASSESSMENT YEAR 200 7 - 0 8 . ITA. NO. 2588/M/2012 2 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 12,41,500/ - BEING CASH DEPOSITS I N THE SAVING BANK ACCOUNT. 3. THE APPEAL CAME UP FOR HEARING ON 18.5.2015 ON WHICH DATE IT WAS POINTED OUT TO THE LD. DEPARTMENTAL REPRESENTATIVE WHY THE APPEAL SHOULD NOT BE DISMISSED AS IT IS COVERED BY THE CIRCULAR OF THE BOARD PRESCRIBING THE TAX EFFE CT LIMIT FOR FILING SECOND APPEAL. THE LD. DR SOUGHT ONE DAY S TIME WHICH WAS GRANTED TO HIM. THE CASE WAS HEARD ON 19.5.2015. THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT IS LESS THAN RS. 4 LAKHS AND THEREFORE THE APPEAL SHOULD NOT HAVE BEEN FILED BY THE DEPARTMENT. IN THE LIGHT OF THE INSTRUCTION NO. 5/2014(F. NO. 279/MISC.142/2007 - ITJ(PT) ] DT. 10.7.2014, THE APPEAL FILED BY THE REVENUE IS DISMISSED. OR DER PRONOUNCED IN THE OPEN COURT ON 19 TH MAY , 2015 . SD/ - SD/ - ( JOGINDER SING ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 19 TH MAY , 2015 . . ./ RJ , SR. PS ITA. NO. 2588/M/2012 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI