DCIT 8(1) (OSD, MUMBAI V. TAINWALA PERSONAL CARE PRODUCTS P. LTD, MUMBAI

ITA 5804/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55930 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 17-11-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 19-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V V SHASTRI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH H,MUMBAI BEFORE SHRI D.K. AGARWAL (JM) & SHRI R.K. PANDA ( AM) I.T.A. NO.5804/MUM/2010 (A.Y. 2005-06) DY.COMMR. OF INCOME-TAX, RANGE-8(1) (OSD), R.NO.204, AAYKAR BHAVAN, M.K.ROAD, MUMBAI-400 020. VS. M/S. TAINWALA PERSONAL CARE PRODUCTS PVT. LTD., TAINWALA HOUSE, OPP. PLOT NO.118, ROAD NO.18, MIDC, MAROL, MUMBAI-400 093. PAN: AAACT1967C. APPELLANT RESPONDENT APPELLANT BY SHRI V.V. SHASTRI. RESPONDENT BY NONE. DATE OF HEARING 17 - 11 - 2011 DATE OF PRONOUNCEMENT 25 - 11 - 2011 O R D E R PER D.K. AGARWAL, JM : THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AG AINST THE ORDER DATED 06-05-2010 PASSED BY THE LD. CIT(A) FOR THE ASSESS MENT YEAR 2005-06. 2. THE GROUNDS TAKEN BY THE REVENUE READ AS UNDER : 1) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY U/S.271(1)(C) OF THE INCOME-TAX ACT, 1961 LEVIED BY THE ASSESSING OFFICER AMOUNTING TO RS.2,16,444/- WITHOU T APPRECIATING THE FACTS AND CIRCUMSTANCES OF THE CAS E AND IN LAW. ITA NO.5804/M/2010 TAINWALA PERSONAL CARE PRODUCTS P.LTD. 2 2) THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) O N THE ABOVE GROUND BE SET ASIDE AND THAT OF THE A.O. BE R ESTORED. 3. AT THE TIME OF HEARING, IT WAS OBSERVED THAT THE TAX EFFECT ON THE ABOVE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETA RY LIMIT OF RS.3.00 LAKHS FIXED BY THE CBDT. THE LD. DEPARTMENTAL REPRESENTATIVE DI D NOT DISPUTE ON THE SAID FACTUAL MATRIX OF THE CASE. 4. THAT BEING SO, AND IN VIEW OF THE RECENT CBDT IN STRUCTION NO.3 OF 2011, DATED 9 TH FEBRUARY, 2011, REPORTED IN (2011) 332 ITR 1 (STAT UTES) AND THE RATIO OF THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. MADHUKAR K. INAMDAR (HUF) (2009) 318 TR 148 (BOM), WHEREIN IT HAS BEEN HELD THAT THE REVISED MONETARY LIMIT IN THE CIRCULAR DAT ED MAY 15, 2008, WOULD BE APPLICABLE FOR ALL PENDING APPEALS AND ALSO KEEPING IN VIEW THE CONSISTENT VIEW OF THE CO-ORDINATE BENCHES OF THE TRIBUNAL, WE ARE OF THE VIEW THAT THE DEPARTMENT SHOULD NOT HAVE FILED THE APPEAL AND, ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, THE REVENUES APPEAL STANDS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 25TH DAY OF NOVEMBER, 2011. SD/- SD/- (R.K. PANDA) (D.K. AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI: 25TH NOVEMBER , 2011. NG: COPY TO : 1. DEPARTMENT. 2.ASSESSEE. ITA NO.5804/M/2010 TAINWALA PERSONAL CARE PRODUCTS P.LTD. 3 3 CIT(A)-18,MUMBAI. 4 CIT,-8,MUMBAI. 5.DR,H BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST. REGISTRAR, ITAT, MUMBAI. ITA NO.5804/M/2010 TAINWALA PERSONAL CARE PRODUCTS P.LTD. 4 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 17-11-2011 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 18-11-2011 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER