ITO 9(1)-2, MUMBAI V. BEZEL PHARMA P. LTD, MUMBAI

ITA 4421/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0978 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 22-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARESH KUMAR BALODIA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI V.DURG A RAO, JM I.T.A.NO.4421/MUM/2009 ASSESSMENT YEAR : 2006-07 THE INCOME-TAX OFFICER-9(1)-2, ROOM NO. 226, 2 ND FLOOR, AAYAKAR BHAVAN, M.K.RD.,MUMBAI 400 020. VS. M/S. BEZEL PHARMA PVT. LTD., 99, GOVT. INDUSTRIAL ESTATE, KANDIVALI(W), MUMBAI 400 067. PAN: AABCB 3699 L (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI NARESH KUMAR BALODIA RESPONDENT BY : O R D E R PER J. SUDHAKAR REDDY, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-IX, MUMBAI , DATED 21.05.2009, FOR THE ASSESSMENT YEAR 2006-07. 2. AT THE TIME OF HEARING BOTH THE PARTIES AGREED THAT THIS APPEAL PERTAINS TO TAX EFFECT BELOW RS.2 LAKHS. WE ALSO F IND THE TAX EFFECT INVOLVED IN THE GROUND RAISED BY THE REVENUE IS L ESS THAN RS.2 LAKHS. THEREFORE, IN VIEW OF THE DECISION OF THE BOMBAY HIGH COURT IN THE CASE OF PITHWA ENGINEERING WORKS REPORTED IN 276 ITR 5 19, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 9 TH DAY OF JULY, 2010. SD. SD. (V.DURGA RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED THE 29 TH JULY, 2010. KN I.T.A.NO.4421MUM/2009 BEZEL PHARMA PVT.LTD. 2 COPY TO: 1. THE ASSESSEE 2. THE ITO-9(1)(2),MUMBAI 3. THE CIT-IX, MUMBAI 4. THE CIT(A)-IX, MUMBAI 5. THE DR B BENCH, MUMBAI BY ORDER /TRUE COPY/ ASST. REGISTRAR, ITAT, MUMBAI