ACIT-25(2, MUMBAI V. SHRI HANSRAJ A PATEL, MUMBAI

ITA 4360/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83671 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2003-2004
• Appeal Filed On: 31-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIEK A PERAMPURNA
• Assessee Lawyers: AJIT SHETTY
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL H , BENCH MUMBAI , BEFORE : SHRI R.C.SHARMA , A M & SHRI SANJAY GARG, J M ITA NO. 4360 / MUM/20 1 3 ( ASSESSMENT YEAR : 200 3 - 0 4 ) ACIT - 25(2), MUMBAI - 400 051 VS. HANSRAJ A PATEL, 201, SWATI BLDG., 143 DAULAT NAGAR, BORIVALI (E) , MUMBAI - 400 066 PAN/GIR NO. : A A E PP 9150 A ( APPE LLANT ) .. ( RESPONDENT ) /REVENUE BY : SHRI VIEK A. PERAMPURNA /ASSESSEE BY : SHRI AJIT SHETTY DATE OF HEARING : 16 TH SEPT , 201 4 DATE OF PRONOUNCEMENT : 16 TH SEPT , 201 4 O R D E R PER R.C.SHARMA ( A .M.) : TH IS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A ) , DATED 19 - 3 - 2013 FOR THE ASSESSMENT YEAR 200 3 - 0 4 , IN THE MATTER OF IMPOSITION OF PENALTY U/S. 271 (1)(C) OF TH E I.T. ACT . 2 . A T THE OUTSET, LEARNED AR PLACED ON RECORD THE COMPUTATION OF TAX EFFECT IN RESPECT OF THE RELIEF GRANTED BY THE CIT(A) WHICH AMOUNTS TO RS. 2,59,696/ - . ACCORDINGLY, IT WAS PLEADED T HAT IN TERMS OF CBDT INSTRUCTION NO. 3 OF 2011 DATED 09 - 02 - 2011, WHEN THE TAX EFFEC T IS LESS THAN RS.3 LAKHS, R EVENUE SHOULD NOT FILE APPEAL. COPY OF THE COMPUTATION OF TAX WITH RESPECT TO RELIEF GIVEN BY THE CIT(A) WAS HANDED OVER TO THE LEARNED DR TO VERIFY THE CORRECTNESS OF THE CALCULATION OF TAX. HOWEVER, HE ITA NO. 4360 /1 3 2 DID NOT MAKE ANY O BJECTION WITH REGARD TO THE CALCULATION OF TAX SO GIVEN BY THE LEARNED AR. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CONSIDERED THE SAME CAREFULLY. AFTER PERUSAL OF THE RECORD AS WELL AS THE ORDERS OF THE TAX AUTHORITIES BELOW VIS - - VIS CALCULATION OF TA X ON THE RELIEF GIVEN BY CIT(A) , WE FOUND THAT THE TAX EFFECT IN TH IS APPEAL OF THE REVE NUE IS LESS THAN RS.3,00,000/ - . THEREFORE, AS PER THE CBDT INSTRUCTION NO.3 OF 2011 DATED 09 - 02 - 2011 AS WELL AS THE PROVISIONS OF SECTION 268A OF THE INCOME TAX ACT , TH E APPEAL OF THE REVENUE IS NOT MAINTAINABLE . HENCE , THE SAME IS HEREBY DISMISSED. 4 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 16 /0 9 / 201 4 . 16 / 09 / 2014 SD/ - SD/ - ( ) ( SANJAY GARG ) ( ) ( R.C.SHARMA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 16 /0 9 /2014 /PKM , PS COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( ASSTT. REGISTRAR) / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) , MUMBAI. 4. / CIT 5. / DR, ITAT, M UMBAI 6. GUARD FILE. //TRUE COPY//