THE ACIT CEN CIR-14, MUMBAI V. M/S. JALPA B. MEHTA, MUMBAI

ITA 3238/MUM/2008

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 5046 (ITAT-MUMBAI)
• Duration Of Justice: 40 year(s) 7 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2010
• Appeal Filed By: Department
• Assessment Year: misc
• Appeal Filed On: 01-01-1970
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR
• Assessee Lawyers: SANJAY M SHAH
• Keywords: Gift

Judgement Text

1 ITA NOS.3238/MUM/08 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI R S PADVEKAR, JM & SHRI B RAMAKOTAIAH, AM ITA NO. 3238/MUM/2008 (ASSESSMENT YEAR 1999-00) THE ASST COMMR OF INCOME TAX CEN.CIR 14,MUMBAI VS JALPA B MEHTA 708 GOLDEN CHAMBERS 7 TH FLOOR, ANDHERI LINK ROAD ANDHERI (W) MUMBAI 58 (APPELLANT) (RESPONDENT) PAN AEVPM0565P ASSESSEE BY: SHRI SANJAY M SHAH REVENUE BY: SHRI SUMIT KUMAR O R D E R PER R S PADVEKAR: THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE I MPUGNED ORDER OF THE LD CIT(A) CENTRAL-III, MUMBAI FOR THE A.Y. 1999-00 D ATED 18.2.2008 2. THE ONLY ISSUE IN THIS APPEAL IS IN RESPECT OF T HE DELETION OF ADDITION OF ` 5 LACS MADE ON ACCOUNT OF UNEXPLAINED GIFT. 3. WE HAVE HEARD THE PARTIES. IT IS SEEN THAT THE QUANTUM IN DISPUTE IN THIS APPEAL IS RS. 5 LACS AND THE REVENUE EFFECT IS BELO W ` 2,00,000/-. THE CBDT HAS ISSUED THE CIRCULAR NO. 279/MISC. 142/2007 ITJ DA TED 15 TH MAY 2008, DIRECTING ALL THE CHIEF COMMISSIONERS THAT WHERE THE TAX/REVE NUE EFFECT IS LESS THAN ` .2,00,000/-, NO APPEAL SHOULD BE FILED IN THE TRIBU NAL AND THE CIRCULAR ISSUED BY THE CBDT IS BINDING ON ALL THE TAX AUTHORITIES. MOREOVER, THE HONBLE HIGH COURT OF BOMBAY IN THE FOLLOWING CASES HAS HELD THAT IF THE REVENUE EFFECT IS BELOW THE 2 ITA NOS.3238/MUM/08 MONETARY LIMIT THEN THE APPEALS ARE NOT MAINTAINABL E 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 ` 2,00,000/-, THIS APPEAL IS NOT MAINTAINABLE AND IS LIABLE TO BE DISM ISSED. MOREOVER, NOTHING HAS BEEN PLACED BEFORE US TO SHOW THAT THIS CASE IS COV ERED IN ANY OF THE EXEMPTIONS SPECIFIED BY THE CBDT IN THE ABOVE REFERRED CIRCULA R. WE MAKE IT CLEAR THAT THIS APPEAL IS NOT DECIDED ON MERIT. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED ON THE 27 TH , DAY OF AUG 2010. SD/- SD/- ( B RAMAKOTAIAH ) ACCOUNTANT MEMBER (R S PADVEKAR ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 27 TH ,AUG 2010 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI