ITO 1(3)(4), THANE V. WESTERN PAPER & YARN P. LTD, MUMBAI

ITA 5891/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55651 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2004-2005
• Appeal Filed On: 26-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI J.SUDHAKAR REDDY(A.M) & SHRI V.DU RGA RAO(J.M) ITA NO.5890/MUM/10(A.Y.2000-01) ITA NO.5891/MUM/2010(A.Y. 2004-05) INCOME TAX OFFICER 1(3)(4), ROOM NO.528, 5 TH FLOOR, AAYKAR BHAVAN, MK ROAD, MUMBAI 20. (APPEALLANT) VS. WESTERN PAPER & YARN PVT. LTD. 10, KHETAN BHAVAN, 198, J.TATA ROAD, MUMBAI 400 020. PAN:AAACW 1490K (RESPONDENT) APPELLANT BY : SHRI A.K.NAYAK RESPONDENT BY : SHRI VIJAY MEHTA DATE OF HEARING : 27/10/2011 DATE OF PRONOUNCEMENT : 27/10/2011 ORDER PER V.DURGA RAO, J.M, THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINS T THE ORDERS DATED 28/05/2010 & 17/5/2010 OF CIT(A) 2, MUMBAI RELAT ING TO ASSESSMENT YEARS 2000-01 AND 2004-05 RESPECTIVELY. 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE A SSESSEE HAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THESE APPEALS IS B ELOW RS.3.00 LAKHS. HE ALSO SUBMITTED THAT THE AMOUNT MENTIONED IN THE FIRST GROUND OF APPEAL TAKEN BY THE REVENUE OF RS.9,71,138/- IS NOT CORRECT . HE HAS POINTED OUT FROM PAGE NO.21 OF THE PAPER BOOK THAT THE RELIEF ALLOWE D BY THE CIT(A) WAS ONLY RS.5,34,749/-, THEREFORE, THIS APPEAL HAS TO BE DIS MISSED AS NOT MAINTAINABLE. ON THE OTHER HAND, THE LD. D.R FAI RLY ACCEPTED THE TAX EFFECT INVOLVED IN BOTH THE APPEALS IS BELOW RS. 3.00 LAK HS. ITA NO.5890/MUM/10(A.Y.2000-01) ITA NO.5891/MUM/2010(A.Y. 2004-05) 2 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. AS NOTED FROM THE GRO UNDS RAISED BY THE REVENUE, THE TAX EFFECT INVOLVED IN THESE APPEALS F ILED BY THE REVENUE IS LESS THAN RS.3.00 LACS AND THIS POSITION HAS NOT BEEN DI SPUTED EVEN BY THE LD.D.R. AS PER THE CBDT INSTRUCTION NO.3 OF 2011 I SSUED ON 09/02/2011, THE MONETARY LIMIT FOR FILING OF AN APPEAL BY THE D EPARTMENT BEFORE THE TRIBUNAL HAS BEEN REVISED TO RS. 3 LAKHS. AS DECIDE D 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 CB DT INSTRUCTION FIXING ANY MONETARY LIMIT FOR FILING THE APPEAL WOULD APPL Y EVEN FOR THE PENDING CASES. KEEPING IN VIEW THE SAID DECISION 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 INVOLVING TA X EFFECT OF LESS THAN 3 LAKHS IS NOT MAINTAINABLE AND THE SAME, IS, THEREFO RE, DISMISSED.. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE RE VENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 27 TH DAY OF OCT. 2011. SD/- SD/- ( J.SUDHAKAR REDDY ) (V.DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED. 27 TH OCT..2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 . THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RG BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI. VM. ITA NO.5890/MUM/10(A.Y.2000-01) ITA NO.5891/MUM/2010(A.Y. 2004-05) 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 28/10/11 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 28/10/11 SR.PS/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/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER