ACIT CEN CIR 22, MUMBAI V. PRADEEP KAINYA (HUF), MUMBAI

ITA 5039/MUM/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0853 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-02-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 04-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LATA SUNDER
• Keywords: Tax effect
• Section: 143(3); 260A

Judgement Text

PRADEEP KAINYA (HUF) ITA 5039 /M/201 3 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C , MUMBAI . , , BEFORE SHRI D KARUNAKARA RAO , ACCOUNTANT MEMBER AND SHRI AMIT SHUK LA , JUDICIAL MEMBER ITA NO. : 5039 /MUM/20 1 3 (ASSESSMENT YEAR: 200 9 - 1 0) A C IT CC - 22 , R. NO. 403 , 4 TH FLOOR, AAYAKAR BHAVAN, M K ROAD, MUMBAI 400 020 VS PRADEEP KAINYA (HUF) , 60/62, KIKA STREET, MUMBAI - 400 004 .: PAN : A A DHP 1 446 C (APPELLANT) (RESPONDENT) APPELLANT BY : MS. LATA SUNDER RESPONDENT BY : SHRI RAHUL HAKANI /DATE OF HEARING : 29 - 0 7 - 2015 / DATE OF PRONOUNCEMENT : 31 - 07 - 2015 ORDER PER AMIT SHUKLA , J.M. : TH E AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST IMPUGNED ORDER DATED 0 1 . 0 4 .2013 PASSED BY CIT(A) - 39 , MUMBAI FOR THE QUANTUM OF ASSESSMENT PASSED U/S 143(3) FOR AY 2009 - 10 2. AT THE OUTSET, LD. COUNSEL FO R THE ASSESSEE , SHRI RAHUL HAKANI SUBMITTED THAT THE DISPUTED ISSUE RAISED BY THE REVENUE IN ITS APPEAL IS ONLY RS. 8,99,787/ - AND ACCORDINGLY TAX EFFECT INCLUDING SURCHARGE AND EDUCATION CESS COMES TO RS. 3,02,799/ - , WHICH IS BELOW RS. 4 LAKHS AS PRESCRI BED BY CBDT VIDE INSTRUCTION NO. 5/2014 DATED 10.07.2014 IN RESPECT OF FILING OF APPEAL BY THE DEPARTMENT. ACCORDINGLY, APPEAL OF THE REVENUE SHOULD BE DISMISSED. THE LD. DR HAS ALSO ADMITTED THAT THE TAX EFFECT IS LESS THAN RS. 4 LAKHS. 3. ACCORDINGLY, T HE APPEAL OF THE REVENUE IS DISMISSED IN LIMINE ON THE GROUND THAT MONETARY LIMIT FOR FILING OF APPEAL BEFORE THE PRADEEP KAINYA (HUF) ITA 5039 /M/201 3 2 TRIBUNAL BY THE LATEST CIRCULAR O F CBDT IS LESS THAN RS. 4 LAKHS, AS SUCH, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE 4. IN THE JURISDICTI ON OF HONBLE BOMBAY HIGH COURT, IT HAS BEEN CONSISTENTLY HELD THAT BOARD INSTRUCTIONS PRESCRIBING MONETARY LIMIT U/S 260A IS APPLICABLE ON THE PENDING APPEALS ALSO. THIS HAS BEEN HELD SO BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. MADHUKAR K I NAMDAR (HUF) REPORTED IN 318 ITR 149 AND REITERATED IN CIT VS. VITESSEE TRADING LTD. REPORTED IN 331 ITR 433 AND CIT VS SMT VARSHA DILIP KOLHE 350 ITR 384. THUS, REVENUE APPEAL IS DISMISSED AS NOT MAINTAINABLE. 5 . IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JU LY , 2015. SD/ - SD/ - ( . ) ( ) ( D KARUNAKARA RAO ) ( AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE: 31 ST JU LY , 2015 / COPY TO: - 1 ) / THE APPELLANT. 2 ) / THE RESPONDENT. 3) THE CIT (A) - 39 , MUMBAI 4 ) THE CIT CENTRAL II, MUMBAI . 5 ) , , / THE D.R. C BENCH, MUMBAI. 6 ) COPY TO GUARD FILE. / BY ORDER / / TRUE COPY / / / , DY. / ASSTT. REGISTRAR I.T.A.T., MUMBAI * . . *CHAVAN, SR.PS