THE ITO 19(3)(2), MUMBAI V. M/S. KAMLESH PARWANI, MUMBAI

ITA 5643/MUM/2008

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7819 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-04-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 08-09-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRAVAN KUMAR
• Assessee Lawyers: SANJAY R PARIKH
• Keywords: Gift; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, A, MUMBAI BEFORE SHRI J SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO.5643/MUM/2008 (ASSESSMENT YEAR : 2005-06) INCOME TAX OFFICER 19 (3) (2), R.NO.306, 3 RD FLOOR, PIRAMAL CHAMBERS, PAREL, LALBNAU, MUMBAI. . APPELLANT VS KAMLESH PARWANI, FLAT NO.4, CHINAR CHAMBERS, 21 ST ROAD, BANDRA (W), MUMBAI-400050 PAN:AAEPP3727F RESPONDENT APPELLANT BY : SHRI SHRAVAN KUMAR. RESPONDENT BY : SHRI SANJAY R. PARIKH. O R D E R PER J. SUDHAKAR REDDY : THIS APPEAL BY THE DEPARTMENT IS DIRECTED AGAINST T HE ORDER DATED 08.07..2008 OF CIT(A)-XIX, MUMBAI FOR T HE ASSESSMENT YEAR 2005-06. 2. THE REVENUE HAS RAISED VARIOUS GROUNDS IN THIS APPEAL, HOWEVER, THE ONLY ISSUE THAT ARISES FOR OUR CONSIDE RATION AND ADJUDICATION IS WHETHER IN THE FACTS AND CIRCUMSTAN CES OF THE CASE, THE LEARNED CIT(A) IS JUSTIFIED IN DELETING THE ADDITION MADE ON ACCOUNT OF GIFT RECEIVED BY THE ASSESSEE. ITA NO.5643/MUM/2008 2 3. AT THE TIME OF HEARING BOTH THE PARTIES AGREED T HAT THIS APPEAL PERTAINS TO TAX EFFECT BELOW RS.2 LAKHS. WE ALSO FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS LESS THAN RS.2 LAKHS. THEREFORE, IN VIEW OF THE DE CISION OF THE BOMBAY HIGH COURT IN THE CASE OF PITHWA ENGINEER ING WORKS REPORTED IN 276 ITR 519, THE APPEAL FILED BY THE RE VENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE APPEAL FILED BY TH E REVENUE IS DISMISSED. IN THE RESULT THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30-03- 2011. SD/- SD/- (R.S.PADVEKAR) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMB ER MUMBAI, ON THIS 30TH DAY OF MARCH, 2011. *GPR COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT CONCERNED 4. CIT(A) CONCERNED 5. DR CONCERNED BENCH BY ORDER TRUE COPY ASSTT. REGISTRAR, ITAT, MUMBAI