ADDL CITG CIR 13(3), MUMBAI V. MAYUR B. JASANI, MUMBAI

ITA 3644/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55487 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-10-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 07-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P C MOURYA
• Assessee Lawyers: SANJAY R PARIKH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : MUMBAI BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA. NO. 3644/MUM/2010 ASSESSMENT YEAR 2005-2006 THE ACIT, CIRCLE 13(3) MUMBAI 400 020 VS. SHRI MAYUR B. JASANI MUMBAI 400 003 PAN AABPJ7669M (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI P.C.MOURYA FOR RESPONDENT : SHRI SANJAY R. PARIKH DATE OF HEARING : 04-10-2011 DATE OF PRONOUNCEMENT : 04-10-2011 ORDER PER D. MANMOHAN, V.P. 1. THIS APPEAL IS FILED AT THE INSTANCE OF THE REV ENUE AND IT PERTAINS TO THE ASSESSMENT YEAR 2005-2006 AND ARISE S OUT OF THE ASSESSMENT COMPLETED UNDER SECTION 143(3) OF THE I. T.ACT, 1961. 2. DURING THE COURSE OF HEARING, IT IS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 3 LAKHS AND CENTRAL BOARD OF DIRECT TAXES ISSUED FRESH INSTRUCTIONS VID E INSTRUCTION NO. 3/2011 DATED 9-2-2011 WHEREIN THE BOARD HAD REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE APPELLATE TR IBUNAL. THE BOARD IS OF THE OPINION THAT APPEAL SHALL NOT BE FILED IN CASES WHERE TAX EFFECT DOES NOT EXCEED RS. 3 LAKHS IN EACH APPEAL. IT IS N OT THE CASE OF THE REVENUE THAT THE PRESENT APPEAL FALLS IN THE EXCEPT IONAL CATEGORY AS PROVIDED IN PARA 8 OF THE ABOVEMENTIONED INSTRUCTIO NS. LEARNED DR FAIRLY ADMITTED THAT IN THE LIGHT OF DECISION OF TH E HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. PITHWA ENGINEERIN G WORKS 276 ITR 519, THE CIRCULAR ISSUED ON 9-2-2011 APPLIES TO PEN DING APPEALS. 2 3. WE HAVE HEARD THE LEARNED DR AND PERUSED THE RE CORD. IN THE LIGHT OF DECISION OF THE HONBLE BOMBAY HIGH CO URT (SUPRA) WE ARE OF THE OPINION THAT THE IMPUGNED APPEAL IS NOT MAIN TAINABLE SINCE TAX EFFECT IS LESS THAN RS. 3 LAKHS. 4. IN THE RESULT, WE DISMISS THE APPEAL FILED BY T HE REVENUE AS UN-ADMITTED I.E., NOT INCONFIRMITY WITH THE CIRC ULAR ISSUED BY THE CBDT. ORDER PRONOUNCED IN THE OPEN COURT ON 04-10-2011. SD/- SD/- (PRAMOD KUMAR) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 04 TH OCTOBER, 2011 VBP/- COPY TO 1. THE ACIT, CIRCLE 13(3), MUMBAI 400 020 2. SHRI MAYUR B. JASANI, 314, PRASHANT CHAMBERS, 72 /74, BHANDARI STREET, MUMBAI 400 003 PAN AABPJ7669M 3. CIT(A)-24, MUMBAI. 4. CIT-13, MUMBAI 5. DR B BENCH 6. GUARD FILE TRUE COPY BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI.