ACIT CC-45, MUMBAI V. HASMUKH N. MEHTA, MUMBAI

ITA 5414/MUM/2009

• Counselvise Citation: 541419914 RSA 2009
• Duration Of Justice: 1 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 07-07-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 29-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A G NAYAK
• Assessee Lawyers: RENU CHOUDHARI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER & SHRI R.S. PADVEKAR, JUDICIAL MEMBER. I.T.A. NO. 5414/MUM/2009. ASSESS MENT YEAR : 2007-08. DY. COMMISSIONER OF INCOME-TAX, HASMIKH N. MEHRA, CENTRAL CIRCLE-45, MUMBAI. V S. 103C, MODI PARK PRUTHVI CLASSIC, IRANI W ADI, KANDIWALI (W), MUMBAI 67. PAN AHJPM2988B. APPELLANT. RESPONDENT. APPELLANT BY : SHRI A .G. NAYAK. RESPO NDENT BY : SHRI RENU CHOUDHARI. O R D E R. PER P.M. JAGTAP, A.M. : THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF LEARNED CIT(APPEALS)-III, MUMBAI DATED 12-08-2009 ON THE SO LITARY GROUND THAT THE LEARNED CIT(APPEALS) ERRED IN DELETING THE ADDITION OF RS.9,95,525/- MADE BY THE AO ON ACCOUNT OF UNEXPLAINED JEWELLERY FOUND DURING THE SEARCH ACTION CARRIED OUT IN THE CASE OF THE ASSESSEE ON 10-11-2006. 2. WE HAVE HEARD THE ARGUMENTS OF THE LEARNED DR AN D ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. AS NOTED AT THE OUTSET FROM THE GROUND RAISED BY THE REVENUE, THE TAX EFFECT INVOLVED IN THIS APPEAL FIL ED BY THE REVENUE IS LESS THAN 2 ITA NO.5414/MUM/2009 ASSESSMENT YEAR : 2007-08. RS.3 LAKHS AND THIS POSITION HAS NOT BEEN DISPUTED EVEN BY THE LEARNED DR. AS PER THE CBDT INSTRUCTION NO. 3 OF 2011 ISSUED ON 09-02- 2011, THE MONETARY LIMIT FOR FILING OF AN APPEAL BY THE DEPARTMENT BEFORE THE TR IBUNAL HAS BEEN REVISED TO RS.3 LAKHS. AS DECIDED BY THE CBDT, APPEALS SHALL NOT BE FILED BY THE DEPARTMENT IN CASES WHERE TAX EFFECT DOES NOT EXCEED RS.3 LAKHS. IN THE CASE OF CIT VS. MADHUKAR INAMDAR (HUF) 318 ITR 149, THE HONBLE BOMBAY HIGH COURT HAS HELD THAT CBDT INSTRUCTION FIXING ANY MONETARY LIMIT FOR FILI NG THE APPEAL WOULD APPLY EVEN FOR THE PENDING CASES. KEEPING IN VIEW THE SAID DEC ISION OF HONBLE JURISDICTIONAL HIGH COURT AND THE BOARD INSTRUCTION NO. 3 OF 2011 DATED 09-02-2011, WE HOLD THAT THE PRESENT APPEAL FILED BY THE DEPARTMENT INV OLVING TAX EFFECT OF LESS THAN RS.3 LAKHS IS NOT MAINTAINABLE. THE SAME IS, THEREF ORE, DISMISSED AT THE THRESHOLD. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. . ORDER PRONOUNCED ON THIS 15 TH DAY OF JULY, 2011. SD/- SD/- (R.S. PADVEKAR) (P.M. JAGTAP) JUDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI, DATED: 15 TH JULY, 2011. COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, H-BENCH. (TRUE COPY ) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI BEN CHES, WAKODE MUMBAI.