ITO 20(1)(2), MUMBAI V. BHARGAVA HOME INDUSTRIES, MUMBAI

ITA 2792/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3308 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 09-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINITA MENONAR
• Assessee Lawyers: CHETAN A KARIA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, INCOME TAX APPELLATE TRIBUNAL, MUMBAI B BENCH . . , BEFORE S/SH. MAHAVIR SINGH,JM & B.R. BASKARAN,AM ./ ITA NO./2792/MUM/2013, / ASSESSMENT YEARS: 2008-09 INCOME TAX OFFICER WARD-20-(1)(2), ROOM NO.606, 6 TH FLOOR PIRAMAL CHAMBERS, LALBAUG, MUMBAI-400 012. VS. M/S. BHARGAVA HOME INDUSTRIES 49, MAROL CO-OP. INDUSTRIAL ESTATE MATHURDAS VISSANJI MARG ANDHERI-EAST MUMBAI-400 069. PAN:AAAFB 1173 F ( /APPELLANT ) ( / RESPONDENT ) /C.O/.NO.133/M/2014 , ARISING OUT OF ITA NO. 2792/MUM/2013, / ASSESSMENT YEARS: 2008-09 M/S. BHARGAVA HOME INDUSTRIES MUMBAI-400 069. VS. INCOME TAX OFFICER WARD-20-(1)(2) MUMBAI-400012. (CROSS OBJECTOR) ( / RESPONDENT ) REVENUE BY: SMT. VINITA MENON-AR ASSESSEE BY: SHRI CHETAN A. KARIA / DATE OF HEARING: 29.08.2016 / DATE OF PRONOUNCEMENT: 29.08.2016 ,1961 254(1) ORDER U/S 254(1) OF THE INCOME-TAX ACT, 1961(THE AC T) O R D E R PER MAHAVIR SINGH,JM : THIS APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE ARISING OUT OF THE ORDER OF CIT(A)-31,MUMBAI IN APPEAL NO.C IT(A)-31/IT-244/ITO-20- (1)(2)/10-11 ORDER DATED 09.01.2013. ASSESSMENT WAS FRAMED BY ITO WARD-20(1)(2), MUMBAI, U/S 143(3) OF THE INCOME TAX ACT, 1961 (HER EINAFTER THE ACT) FOR THE ASSESSMENT YEAR 2008-09 VIDE HIS ORDER DATED 27.12. 2010. 2792/M/13-C.O.133/14 BHARGAVA HOME INDUSTRI ES 2 2 . AT THE OUTSET, IT IS NOTICED THAT THE TOTAL QUANTU M OF ADDITION INVOLVED IN THIS APPEAL OF REVENUE IS ONLY RS.16,74,831/- AND THE TA X EFFECT IS AMOUNTING TO RS.5,02,450/-, WHICH IS BELOW THE LIMIT PRESCRIBED IN THE LOW TAX EFFECT CIRCULAR I.E. CBDT CIRCULAR NO.21/2015(F.NO.279/MISC. 142/2007-IT J (PT.) DATED 10 TH DECEMBER, 2015. 3 . THE DEPARTMENTAL REPRESENTATIVE (DR) AND AUTHORISED REPRESENTATIVES (AR),WHO APPEARED BEFORE THE BENCH, FAIRLY CONCEDED THAT THE TAX INVOLVED IN THE ABOVE APPEAL WAS LESS THAN RS.10.00 LACS. ON QUERY FROM THE BENCH LD. SR DR COULD NOT STATE WHETHER THIS APPEAL FALLS UNDER ANY OF TH E EXCEPTIONS AS PROVIDED IN THE ABOVE SAID CIRCULAR. CONSIDERING THESE FACTS, WE DISMISS THE APPEAL HOLDING THE SAME AS NOT MAINTAINABLE. 4 . THE CO NO.133/M/2014 OF THE ASSESSEE IS ONLY SUPPORTIVE OF THE ORDER O F CIT(A) AND THE ASSESSEE IS ALSO MAKING ALTERNATIVE SUBMISSIONS BUT THE LD. COUNSEL FOR THE ASSESSEE STATED THAT, ONCE REVENUES APPEAL IS DISMISSED DUE TO LOW TAX EFFECT, HE IS NOT INTERESTED IN PURSUING THE C.O. HENCE, TH E SAME IS DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE C.O. OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH AUGUST, 2016 29 , 2016 SD/- SD/- ( . . / B.R. BASKARAN) ( / MAHAVIR SINGH ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER /MUMBAI, /DATE: 29.08.2016 . . . JV.SR.PS. 2792/M/13-C.O.133/14 BHARGAVA HOME INDUSTRI ES 3 / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ ! ' #$ , 4. THE CONCERNED CIT / ! ' #$ ; 5. DR A BENCH, ITAT, MUMBAI / % , B , . . . 6. GUARD FILE/ & //TRUE COPY// / BY ORDER, DY./ASST. REGISTRAR , /ITAT, MUMBAI.