ACIT (OSD) CIR 2(2), MUMBAI V. JAGDISH N PARIKH, MUMBAI

ITA 5229/MUM/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 5180 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2009-2010
• Appeal Filed On: 17-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J, MUMBAI BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER & SHRI N K BILLAIYA, ACCOUNTANT MEMBER ITA NO.5229/MUM/2012 FOR ASST. YEAR: 2009-10 THE ACIT (OSD) CIR.2(2), MUMBAI VS. JAGDISH N PARIKH, C/O MS.LEE MUIRHEAD LTD., 2 ND FLOOR, ORICON HOUSE, 12 K DUBHASH MARG, FORT, MUMBAI- 400 023 PAN AACPP8304J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S D SRIVASTAVA RESPONDENT BY : SHRI KINJAL S DOSHI DATE OF HEARING : 08.10.2013 DATE OF PRONOUNCEMENT :08.10.2013 O R D E R PER N.K.BILLAIYA (AM) : THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF THE CIT(A)-5, MUMBAI, DATED 07.06.2012, PERTAINING TO A.Y. 2009-1 0. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORD. THE ASSESSEE HAS SHOWN THE FOLLOWING TAX EFFECT: STATEMENT SHOWING TAX EFFECT ON THE ADDITIONS MAD E IN THE ASSESSMENT ORDER U/S. 143(3) INCOME AS PER ORDER U/S. 143(3) 3,598,507 LESS : RETURNED INCOME AS PER COMPUTATION OF INCOME 3,1 21,163 ADDITIONS MADE AS PER ORDER 477,344 ADD : TAX ON ABOVE INCOME @30% 143,203 ADD : SURCHARGE @10% 14,320 157,524 ADD : EDUCATION CESS 4,726 TAX EFFECT ON ADDITIONS MADE 162,249 2 ITA NO.5229/MUM/12 AY:2009-10 WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.3 LAKHS. THE CBDT VIDE INSTRUCTION NO.3 OF 2011 DATED 09.02.2011 PROV IDES THAT NO APPEAL CAN BE FILED BY THE REVENUE BEFORE THE TRIBUNAL IN CASES WHERE T HE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.3 LACS. SIMILAR VIEW HAS B EEN TAKEN BY THE BOMBAY HIGH COURT IN THE CASE OF CIT VS. CAMCO COLOUR CO. 254 I TR 565, WHEREIN IT HAS BEEN HELD THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE BEING LESS THAN THE MONETARY LIMIT AS PRESCRIBED IN BOARD CIRCULAR, THE SAME IS NOT MAINTAINABLE. 3. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH OCTOBER 2013. SD/- SD/- (VIJAY PAL RAO) (N.K.BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEM BER MUMBAI, DT : 8 TH OCTOBER, 2013 SA COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T, MUMBAI 4. THE CIT (A)-5, MUMBAI 5. THE DR, J- BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI