ITO 17(2)(1), MUMBAI V. ASHOK D. DEDHIA, MUMBAI

ITA 4757/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 70854 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 17-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRS BHAVNA YASHROY
• Assessee Lawyers: ASHWIN DEDHIA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUM BAI .. , , BEFORE SHRI I.P. BANSAL, JM AND SHRI SANJAY ARORA, AM ./ I.T.A. NO.4757/M/2012 ( / ASSESSMENT YEAR: 2003-04) ITO 17(2)(1) R.NO.216 2 ND FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI 400 012 / VS. ASHOK D. DEDHIA 196/17 GURU SEVAK KUTIR 2 ND FLOOR, WADALA STN RD, WADALA, MUMBAI 400 031 ./ ./PAN/GIR NO. AACPD 8028 M ( /APPELLANT ) : ( !' / RESPONDENT ) # / APPELLANT BY : SRS. BHAVNA YASHROY !' $ # / RESPONDENT BY : SHRI ASHWIN DEDHIA % &'( $ )* / DATE OF HEARING : 26.08.2013 +,- $ )* / DATE OF PRONOUNCEMENT : 26.08.2013 . / O R D E R PER SANJAY ARORA, A. M.: THIS IS AN APPEAL BY THE REVENUE ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-29, MUMBAI (CIT(A) FOR SHORT ) DATED 09.04.2012, PARTLY ALLOWING THE ASSESSEES APPEAL CONTESTING ITS ASSES SMENT U/S.143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR THE ASSESSMEN T YEAR (A.Y.) 2003-04 VIDE ORDER DATED 21.12.2010. 2 ITA NO.4757/MUM/2012 (A.Y. 2003-04) ITO VS. ASHOK D. DEDHIA 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LEAR NED AR, THE ASSESSEES COUNSEL, THAT THE REVENUES APPEAL IS NOT MAINTAINABLE IN VIEW OF LOW TAX EFFECT, THE SAME BEING BELOW RS.3 LACS, I.E., THE EXTANT LIMIT, IN TERMS OF SECT ION 268A OF THE ACT. THE LD. DR COULD NOT CONTROVERT THE SAID CLAIM, OR EVEN SHOW US IF THE R EVENUES APPEAL IS COVERED BY ANY OF THE EXCEPTIONS LAID DOWN PER THE RELEVANT CIRCULAR BY THE BOARD IN THE MATTER. 3. WE HAVE HEARD THE PARTIES, AND PERUSED THE MATER IAL ON RECORD. THE AMOUNT UNDER DISPUTE, AS APPARENT FROM THE GROUNDS OF APPEAL, AN D EVEN AS ADMITTED TO BY THE PARTIES BEFORE US, IS RS.7,45,340/- , WITH THE APPLICABLE TAX RATE BEING 31.5%, I.E., 3 0%+5% SURCHARGE. THE TAX-EFFECT OF THE INSTANT APPEAL, TH US, WORKS OUT TO LESS THAN RS.3 LACS, I.E., AS PER THE RELEVANT INSTRUCTION, BEING NO. 3/2011 D ATED 9.02.2011, ISSUED BY THE CBDT U/S. 268A OF THE ACT; THE APPEAL HAVING BEEN FILED AFTER THE SAID DATE. AGAIN, ADMITTEDLY, IT IS NOT COVERED BY ANY OF THE EXCEPTIONS LAID DOW N PER THE SAID INSTRUCTION, WITH THE ISSUE INVOLVED BEING DEFINITELY NOT REPETITIVE IN N ATURE. THAT BEING THE CASE, THE INSTANT APPEAL BY THE REVENUE IS NOT LIABLE TO BE ADMITTED UNDER LAW. WE ACCORDINGLY DISMISS THE SAME AS UN-ADMITTED. WE DECIDE ACCORDINGLY. 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 26, 20 13 SD/- SD/- (I.P. BANSAL) (SANJAY ARORA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER % ( MUMBAI; /& DATED : 26.08.2013 &../ A. K. PATEL, SR. PS 3 ITA NO.4757/MUM/2012 (A.Y. 2003-04) ITO VS. ASHOK D. DEDHIA ! ' #$%& ' &$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT 3. % 0) ( ) / THE CIT(A) 4. % 0) / CIT CONCERNED 5. 3'45 !)&67 , * 67- , % ( / DR, ITAT, MUMBAI 6. 589 :( / GUARD FILE ! ( / BY ORDER, )/(* + (DY./ASSTT. REGISTRAR) , % ( / ITAT, MUMBAI