DDIT (E) 1(2), MUMBAI V. SWATI EDUCATION TRUST, MUMBAI

ITA 2982/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2279 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 08-05-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C P PATHAK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E: MUMBAI BEFORE SHRI P.M. JAGTAP (AM) AND SHRI R.S. PADVEKAR (JM) ITA NO. 2982/MUM/2009 (ASSTT. YEAR : 2004-05) ASSTT. DIT(E)-1(2), MUMBAI APPELLANT R.NO. 505, PIRAMAL CHAMBERS, 5 TH FLOOR, PAREL, MUMBAI-12 V/S. SWATI EDUCATION TRUST RESPONDENT J.B. KHOT HIGH SCHOOL NO.2, SAIBABA NAGAR, BORIVLI (W) MUMBAI PIN : AABTS5663A APPELLANT BY : MR. C.P. PATHAK RESPONDENT BY : NONE : O R D E R : PER R.S. PADVEKAR, J.M 2. THE REVENUE HAS FILED THIS APPEAL CHALLENGING T HE IMPUGNED ORDER OF THE LD CIT(A) - XXXII, MUMBAI DATED 30.01.2009 FOR THE A.Y. 2004-05. 2. THE REVENUE HAS TAKEN THE FOLLOWING GROUND : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, AND IN LAW, THE LEARNED CIT(A), MUMBAI ERRED IN HOLDING THAT THE DO NATION OF RS. 2,25,452/- WAS CORPUS DONATION IN ABSENCE OF ANY SP ECIFIC DIRECTIONS THAT THE DONATION BE TREATED AS CORPUS DONATION TOW ARDS BUILDING FUND. 3. WE HAVE HEARD THE PARTIES. IT IS SEEN THAT TH E QUANTUM IN DISPUTE IN THIS APPEAL IS RS. 2,25,452/- AND THE REVENUE EFFEC T IS BELOW RS. 2,00,000/-. THE CBDT HAS ISSUED THE CIRCULAR NO. 279/MISC. 142 /2007 ITJ DATED 15 TH MAY 2008, DIRECTING ALL THE CHIEF COMMISSIONERS THA T WHERE THE TAX/REVENUE EFFECT IS LESS THAN RS. 2,00,000/-, NO APPEAL SHOUL D BE FILED IN THE TRIBUNAL AND ITA NO. 2982/MUM/2009 2 THE CIRCULAR ISSUED BY THE CBDT IS BINDING ON ALL T HE TAX AUTHORITIES. MOREOVER, THE HONBLE HIGH COURT OF BOMBAY IN THE FOLLOWING CASES HAS HELD THAT IF THE REVENUE EFFECT IS LESS THAN RS. 2,00,0 00/-, THEN THE APPEALS ARE NOT MAINTAINABLE IN VIEW OF THE BIDING NATURE OF THE C. B.D.T. CIRCULARS: I) CIT V/S. PITHWA ENGINEERING WORKS, 276 ITR 519 (BOM) II) CIT V/S. ZEOB Y. TOPIWALLA, 284 ITR 379 (BOM.) 4. ADMITTEDLY, AS THE REVENUE EFFECT IN THIS CASE I S LESS THAN RS. 2,00,000/- , THIS APPEAL IS NOT MAINTAINABLE AND IS LIABLE TO BE DISMISSED. MOREOVER, NOTHING HAS BEEN PLACED BEFORE US TO SHOW THAT THIS CASE IS COVERED IN ANY OF THE EXEMTIONS SPECIFIED BY THE CBDT IN THE ABOVE R EFERRED CIRCULAR. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 8TH DAY OF APRIL, 2009. SD/- SD/- (P.M. JAGTAP) (R.S. PADVEKAR) ACCOUNTANT MEMBER JU DICIAL MEMBER MUMBAI, ON THIS 8TH DAY OF APRIL , 2010. :US COPY TO: 1. APPELLANT 2. RESPONDENT , 3.THE CIT(A)-XXXII, MUMBAI 4.THE CIT - CONCERNED, MUMBAI 5.THE DR, E BENCH, MUMBAI 6.GUARD FILE BY ORDER TRUE COPY ASSTT..REGISTRAR, ITAT, MUMBAI. ITA NO. 2982/MUM/2009 3 US DATE INITIALS 1. DRAFT DICTATED ON 5/4/10 --------------- SR.P.S. 2. DRAFT PLACED BEFORE AUTHORITY 6/4/10 --------- ----- SR.P.S. 3. DRAFT PROPOSED & PLACED ----------- ---------- --- JM BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED ----------- ----------- -- JM/AM BY SECOND MEMBER 5. APPROVED DRAFT COMES TO ----------- ------------ - SR.P.S. THE SR. P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON --------- ----------- -- SR.P.S. 7. FILE SENT TO THE BENCH CLERK --------- --------- ---- SR.P.S. 8. DATE ON WHICH FILE GOES TO THE ------- --------- ---- 9. DATE OF DISPATCH OF ORDER --------- --------- ----