ITO, WARD 2(1), THANE V. ASHOK NAGA KANCHAN, THANE

ITA 4738/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2314 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 21-09-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 11-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, M UMBAI BEFORE SHRI A.K. GARODIA ,AM ./ I.T.A. NO.4738/MUM/2014 ( / ASSESSMENT YEAR: 2005-06) ITO, WARD-2(1), ASHAR I.T.PARK, 6 TH FLOOR, B WING, ROOM NO.26, ROAD NO. 16 Z, WAGLE INDUSTRIAL ESTATE, THANE (W)-400604. / VS. SHRI ASHOK NAGA KANCHAN., 403-A, LAXMISADAN, DEVCHAND NAGAR ROAD, BHAYANDER (W), THANE 401101. ./ ./PAN/GIR NO. AGXPK 8859J ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI B.S.BIST / RESPONDENT BY : NONE / DATE OF HEARING : 30/11/2015 !'# / DATE OF PRONOUNCEMENT : 04.12.2015 $% / O R D E R PER A. K. GARODIA, A. M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 28/04/2014 OF COMMISSIONER OF INCOME TAX (APPEALS)-II, MUMBAI (HE REINAFTER CALLED AS THE CIT(A) FOR ASSESSMENT YEAR 2005-06).THE REVENUE HAS RAISED FOLLOWING GROUND OF APPEAL: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE HONBLE ITAT HAS SET ASIDE THE CASE OF RADESH R.SINGHANIA WHICH IS INCLUDED IN THE ISSUE OF LOAN FROM THE ASSESSEE TO THE LEVEL OF CIT(A) WHICH WAS EARLIER CONFIRMED BY THE LD. CIT(A) ALTHOUGH THE ADDITION HAS BEEN MADE IS ON PROTECTIVE BASIS. 2 ITA NO. 4738/MUM/2014 (A.Y: 2005-06) ITO VS. SHRI ASHOK NAGA KANCHAN., 2. THE ORDER OF THE CIT(A) MAY BE VACATED AND THAT OF THE ASSESSING OFFICER BE RESTORED. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE IN SPITE OF THE NOTICE AND HENCE, I PROCEED TO DECIDE THIS APPEAL EX PARTE QUA THE ASSE SSEE. 3. AT THE VERY OUTSET, A QUERY WAS RAISED REGARDING TAX EFFECT IN THE PRESENT CASE AND IN REPLY, IT WAS AGREED BY THE LD. DR THAT TAX EFFECT IS BELOW RS.4,00,000/- BECAUSE THE TOTAL ADDITION MADE BY THE AO WAS OF RS.11.80 LAKHS ONLY. THEREAFTER IT WAS POINTED OUT THAT PRESENT APPEAL FILED BY THE REVENU E IS FILED ON 11-07-2014 AND AS PER THE REVISED BOARD INSTRUCTION DATED 10-07-2014, NO APPEAL IS TO BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE TAX EFFECT IS BELOW RS.4, 00,000/- AND THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFE CT AS PER THIS BOARD INSTRUCTION AND IN REPLY, THE LD. DR OF THE REVENUE HAD NOTHING TO SAY. 4. I HAVE CONSIDERED THE FACTS AS DISCUSSED ABOVE A ND I FIND THAT THE APPEAL IS NOT MAINTAINABLE BECAUSE OF THE LOW TAX EFFECT AS PER R EVISED BOARD INSTRUCTION DATED 10- 07-14 AS PER WHICH NO APPEAL IS TO BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.4 LAKHS. IN THE PRESENT CASE, TAX EFFECT IS BELOW RS. 4 LAKHS AND THEREFORE, THIS APPEAL IS DISMISSED FOR LOW TAX EFFECT. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON DECEMBER 04 TH , 2015 SD/- (A.K. GARODIA) $ / ACCOUNTANT MEMBER & ' MUMBAI; ($ DATED : 04.12.2015 PS. ASHWINI GAJAKOSH 3 ITA NO. 4738/MUM/2014 (A.Y: 2005-06) ITO VS. SHRI ASHOK NAGA KANCHAN., / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ) ( ) / THE CIT(A) 4. ) / CIT - CONCERNED 5. ,-. //01 , 01# , & ' / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE / BY ORDER, / !'# (DY./ASSTT. REGISTRAR) #$ %, & ' / ITAT, MUMBAI