ACIT CC 47, MUMBAI V. KHUSHROO N. DHUNJIBHOY, MUMBAI

ITA 5384/MUM/2013

• Counselvise Citation: 538419914 RSA 2013
• Duration Of Justice: 1 year(s) 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-05-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 05-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASGHAR ZAIN
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI . . , / BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND , SHRI RAJENDRA, ACCOUNTANT MEMBER . / ITA NO.5384/MUM/2013 / ASSESSMENT YEAR 2010-11 THE ACIT,CC-47, R.NO.658,6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI -20 / VS. SHRI KHUSHROO N. DHUNJIBHOY, IMROZ,6-A, MOUNT PLEASANT ROAD, MUMBAI 400006 ./ ./ PAN/GIR NO. : ACUPD9009Q ( / APPELLANT ) .. ( / RESPONDENT ) APPELLANT BY SHRI ASGHAR ZAIN RESPONDENT BY NONE ! ' / DATE OF HEARING : 25/05/2015 ! ' / DATE OF PRONOUNCEMENT : 25/05/2015 / O R D E R PER I.P.BANSAL, J.M: THIS IS AN APPEAL FILED BY THE REVENUE AND IT IS DIRECTED AGAINST ORDER PASSED BY LD.CIT(A)-38, MUMBAI DATED 20/05/2013 FOR ASSESSMENT YEAR 2010- 11. GROUNDS OF APPEAL READ AS UNDER: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, THE ID. CIT(A) ERRED IN TREATING THE RENTAL INCOME AS 'AGRICULTURAL INCOME' WITHOUT APPRECIATING THE FACT THAT THE ASSESSEE HAS NOT SUBSTANTIATED THE FACT TH AT THE LAND WAS PUT TO USE FOR AGRICULTURAL ACTIVITY. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, THE ID. CIT(A) ERRED IN TREATING THE RENTAL INCOME AS 'AGRICULTURAL INCOME' WITHOUT APPRECIATING THE FACT . / ITA NO.5384/MUM/2013 / ASSESSMENT YEAR 2010-11 2 THAT THE AGREEMENT BETWEEN THE ASSESSEE WHO IS THE DIRECTOR OF THE LESSEE COMPANY AND THE COMPANY IS ONLY A LEASE AGREEMENT A ND THE ASSESSEE'S INCOME IS IN THE FORM OF RENT. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE ID. CIT(A) ERRED IN TREATING THE RENTAL INCOME AS 'AGRICULTURAL INCOME' WITHOUT APPRECIATING THE EXACT MEANING OF 'AGRICULTURAL INCOME' AS PER SEC 2(1A) O F THE I.T.ACT. 1961. THE APPELLANT PRAYS THAT THE ORDER OF THE CIT(A) ON THE ABOVE GROUND BE SET ASIDE AND THAT OF ASSESSING OFFICER BE RESTORED. . 2. DURING THE COURSE OF HEARING IT WAS NOTICED THAT THE TAX EFFECT AS WRITTEN ON THE FIRST PAGE OF ORDER OF LD. CIT(A) WAS ONLY A SUM OF RS.2,30,314/-. LD. DR DID NOT CONTROVERT THIS POSITION AS HE ADMITTED THAT THE TAX WOULD BE ONLY A SUM OF RS.2,30,314/-. THEREFORE, NOT GOING INTO TH E MERITS OF THE APPEAL, WE DISMISS THE APPEAL ON ACCOUNT OF LOW TAX EFFECT. AC CORDING TO CBDT INSTRUCTION NO35/2011(F.NO.279/MISC.142/2007-ITJ ] DATED 09/02/2011 THE TAX EFFECT LIMIT FOR FILING THE APPEAL BEFORE T HE TRIBUNAL IS RS.3.00 LACS. AND THE PRESENT APPEAL IS FILED ON 5/08/2013. 3. IN THIS VIEW OF THE SITUATION, WE DISMISS THE APPEAL FILED BY THE REVENUE ON ACCOUNT OF LOW TAX EFFECT AS PER AFOREMENTIONED INSTRUCTION ISSUED BY CBDT. ORDER PRONOUNCED IN THE OPEN COURT ON 25/05/2015 () * + 25/05/2015 SD/- SD/- ( , / RAJENDRA) ( . . / I.P. BANSAL) / ACCOUNTANT MEMBER / JUDICIAL MEMBER ( MUMBAI; * DATED 25/05/2015 . / ITA NO.5384/MUM/2013 / ASSESSMENT YEAR 2010-11 3 ! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. .! ( ) / THE CIT(A)- 4. .! / CIT 5. /0 !12 , ' 12 , ( / DR, ITAT, MUMBAI 6. 3 / GUARD FILE. / BY ORDER, /! ! //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ( / ITAT, MUMBAI . . ./ VM , SR. PS