ASST CIT 11(3), MUMBAI V. ROHIT KAPADIA, MUMBAI

ITA 4128/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 88660 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 24-03-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 22-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHILENDRA P YADAV
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D BEFORE SHRI B.R. BASKARAN, AM AND SHRI AMIT SHUKLA, JM ITA NO. 4128/MUM/2013 ASSESSMENT YEAR 2009-10, ACIT 11(3) R.NO.446, 4 TH FLOOR, AAYAKAR BHAVAN, MUMBAI 400002 PAN :AABPK0215A VS. ROHIT KAPADIA, 21-B PARADISE APARTMENT, 44, NAPEAN SEA RD. MUMBAI -400 036 APPLICANT RESPONDENT REVENUE BY SHRI AKHILENDRA P. YADAV (DR) RESPONDENT BY SHRI. APURVA SHAH (AR) DATE OF HEARING : 24-03 -2015 DATE OF PRONOUNCEMENT : 24-03-2015 ORDER PER AMIT SHUKLA, J.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST ORDER DATED 14 TH MARCH 2013, PASSED BY THE LEARNED COMMISSIONER (APPEALS)2, MUMBAI, FOR THE QUANTUM OF ASSESSMENT P ASSED UNDER SECTION 143(3), FOR THE ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, THE LEARNED COUNSEL SUBMITTED THA T THE DISPUTED ADDITION IN THE APPEAL FILED BY THE DEPARTMENT IS ON LY RS.9,19,667/-, ON ACCOUNT OF DELETION OF DISALLOWANCE U/S.14A. THE TAX EFFECT ON THE DISPUTED AMOUNT IS RS.3,12,595/-, WHICH IS LESS THA N RS.4 LAKHS, AND 2 ITA NO.4228 /MUM/2013 HENCE THE PRESENT APPEAL IS NOT MAINTAINABLE, IN VIE W OF THE LATEST CIRCULAR. THE LD. DR ALSO ACCEPTED THAT TAX EFFECT I S LESS THAN RS.4 LAKHS. 3. IN VIEW OF THE AFORESAID ADMITTED POSITION THAT T HE TAX EFFECT IS LESS THAN RS.4 LAKHS, THEREFORE, THE APPEAL OF THE RE VENUE IS DISMISSED AS NOT MAINTAINABLE. THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. MADHUKAR K. JNOMDAR 318 ITR 149 AND IN THE CASE O F CIT VS. VARSHA DILIP KOHLI REPORTED 350 ITR 354 (BOM) HAS HELD THAT CBDT CIRCULAR PRESCRIBING MONITORY LIMIT FOR FILING OF APPEAL , WILL APPLY TO THE PENDING APPEAL ALSO. ACCORDINGLY, APPEAL OF THE REV ENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 4 TH MARCH 2015. SD/- SD/- (B.R. BASKARAN) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER [ MUMBAI, DATED 24 -03-2015. PATEL COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) CONCERNED, MUMBAI 4. THE CIT- CONCERNED, MUMBAI 5. THE DR BENCH, D 6. MASTER FILE [[[[[[ // TUE COPY// 3 ITA NO.4228 /MUM/2013 BY ORDER DY/ASSTT. REGISTRAR ITAT, MUMBAI