ITO 9(1)(1), MUMBAI V. ABODE BUILDERS & DEVELOPERS P.LTD, MUMBAI

ITA 4661/MUM/2012

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9129 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 11-12-2012
• Assessment Year: 2009-2010
• Appeal Filed On: 11-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

. , IN THE INCOME TAX APPELLATE TRIBUNAL SMC , BENCH MUMBAI , BEFORE SHRI R. K. GUPTA , JM ITA NO. 4661 / MUM/ 20 1 2 ( ASSESSMENT YEAR : 200 9 - 20 10 ) ITO - 9(1)(1), MUMBAI VS. M/S ABODE BUILDERS & DEVELOPERS PVT. LIMITED, 114 - A, VEENA BEENA SHOPPING CENTRE, GURU NANAK ROAD, BANDRA (W) , MUMBAI - 400 050 PAN/GIR NO. : AA DCA 2191 C ( APPELLANT ) .. ( RESPONDENT ) /REVENUE BY : MR. RAKESH RANJAN /ASSESSEE BY : MR. ANUJ KISHNADWALA DATE OF HEARING : 11 TH DEC . , 2012 DATE OF PRONOUNCEMENT : 14 TH DEC. ,2012 O R D E R THIS IS AN APPEAL BY THE DEPARTMENT AGAINST THE ORDER DATED 3 - 5 - 2012 OF LEANED CIT(A) - 19 , MUMBAI RELA TING TO THE ASSESSMENT YEAR 200 9 - 10 . 2 . THE ASSESSEE IS OBJECTING IN REGARD TO APPROVING THE PROJECT COMPLETION METHOD OF AC COUNTING ADOPTED BY THE ASSESSEE IN THE PRESENT CASE. 3 . THE APPEAL OF THE DEPARTMENT IS NOT MAINTAINABLE BECAUSE THE TAX EFFECT IN THE APPEAL OF THE DEPARTMENT IS LESS THAN RS.3,00,000/ - , AS DISPUTED TAX IS ONLY RS. 60, 440/ - . ITA NO. 4661 /20 1 2 2 4 . EVEN ON MERIT, THE ISSUE IS COVERED BY THE ORDER OF THIS TRIBUNAL FOR ASSESSMENT YEAR 2005 - 06 DECIDED IN ITA NO. 4304/M/2008, VIDE ORDER DATED 19 - 1 - 2010. COPY OF THE SAME IS PLACED ON RECORD. 5 . IN VIEW OF THE ABOVE FACTS, THE APPEAL OF THE DEPARTMENT IS DISMISSED IN LIMINE . 6 . IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF DEC . 2012. 2012 SD/ - ( ) ( R.K.GUPTA ) / JUDICIAL MEMBER MUMBAI ; DATED : 14 / 1 2 / 2012 . /PKM , PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) , MUMBAI. 4. / CIT 5. / DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// / BY ORDER, ( DY./ASSTT. REGISTRAR) / ITAT, MUMBAI