THE ITO 6(1)-3, MUMBAI V. SHRI AJAY BALWANT SABHARWAL, MUMBAI

ITA 5022/MUM/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2006 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 14-05-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 18-07-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJNEESH ARVIND
• Keywords: Tax effect
• Section: 208

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI B. RAMAKOT AIAH ,(AM) ITA NO.5022/MUM/2007 ASSESSMENT YEAR : 2004-05 INCOME TAX OFFICER-6(1)(3) ROOM NO.508, 5 TH FLOOR AAYAKAR BHAVAN,M.K. ROAD MUMBAI-400 020. ..( APPELLANT ) VS. SHRI AJAY BALWANT SABHARWAL 208 SHAH & NAHAR INDL. PREMISES DR. E. MOSES ROAD, WORLI MUMBAI-400 018. ..( RESPONDENT ) P.A. NO. (AAIPS 1492 A) APPELLANT BY : SHRI RAJNEESH ARVIND RESPONDENT BY : NONE O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AG AINST THE ORDER DATED 14.5.2006 PASSED BY THE LD. CIT(A) FOR THE ASSESSME NT YEAR 2004-05. 2. AT THE TIME OF HEARING IT WAS OBSERVED THAT THE TAX EFFECT ON THE DISPUTED AMOUNT OF RS. 6.00 LACS, IN THE APPEAL FILED BY THE REVENUE IS LESS THAN RS.2.0 LACS. 3. THAT BEING SO AND IN TERMS OF RECENT INSTRUCTION NO.5/2008 DATED 15 TH MAY, 2008 ISSUED BY THE C.B.D.T. THE DEPARTMENT SHOULD N OT HAVE FILED THE APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DIS MISSED. 4. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 21.5.2010. SD/- SD/- (B. RAMAKOTAIAH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER J UDICIAL MEMBER MUMBAI, DATED: 21.5.2010. JV. ITA NO.5022/M/07 A.Y:04-05 2 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 14.5.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 17.5.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 21.5.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 24.5.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER