DCIT 10(2), MUMBAI V. AXIS CARRIERS & LOGISTICS P.LTD, MUMBAI

ITA 5892/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 88411 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASGHAR ZAIN
• Assessee Lawyers: RAKESH MILWANI
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI . . , BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO.5892/MUM/2013 (A.Y.2010-11) DY. COMMISSIONER OF INCOME - TAX - 10(2) ROOM NO.432, 4 TH FLOOR, AAYAKAR BHAVAN M.K.ROAD MUMBAI-400 020. (APPELLANT ) VS. M/S. AXIS CARRIERS & LOGISTICS PVT. LTD. 803/B, KUKREJA PALACE, VALLABH BAUG LANE, GHATKOPAR EAST, MUMBAI-400 077. GIR NO./PAN : AADCA 9585 A (RESPONDENT) APPELLANT BY : SHRI ASGHAR ZAIN RESPONDENT BY : SHRI RAKESH MILWANI DATE OF HEARING : 18 /02/2015 DATE O F PRONOUNCEMENT : 18 /02/2015 ORDER PER CHANDRA POOJARI, A.M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A) DATED 17/7/2013. THE REVENUE HAS RAISED THE GROUND WITH R EGARD TO DELETION OF RS.10.00 LACS TOWARDS EXPENSES ON ACCOUNT OF WANT OF NECESSARY DO CUMENTARY EVIDENCE ON CASH PAYMENTS. 2. WE HAVE HEARD BOTH THE PARTIES. IT IS POINTED OU T BY THE PARTIES THAT THE TAX EFFECT IN THIS CASE IS RS.3,09,000/- ONLY AND REFER RING THE CBDT CIRCULAR NO.[F. NO.279/MISC.142/2007 ITJ (PT.)] INSTRUCTION NO. 5 /2014 DATED 10/7/2014 WHEREIN IT IS STATED THAT WHERE TAX EFFECT IS LESS THAN RS.4.0 0 LACS, THE BOARD HAS TAKEN THE 2 ITA NO.5892/M /13 DECISION NOT TO FILE APPEAL BEFORE THE TRIBUNAL TO AVOID LITIGATION. BEING SO, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. THE LD. A R ACCORDINGLY PLACED RELIANCE ON THE ABOVE CIRCULAR. SINCE TAX EFFECT IS LESS THAN THE P RESCRIBED AMOUNT, AND SAME IS BINDING ON THE REVENUE, AND DEPARTMENT IS NOT JUSTIFIED IN FILING THIS APPEAL ACCORDINGLY, THE APPEAL IS DISMISSED AS NOT MAINTAINABLE. 3. APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/02/2015 !' # $%& 18/02/2015 ! ' SD/- SD/- ( . . / I.P. BANSAL) ( / CHANDRA POOJARI ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; $% DATED 18/02/2015 . % . ./JV, SR. PS )*+ )*+ )*+ )*+ ,+'* ,+'* ,+'* ,+'* / COPY OF THE ORDER FORWARDED TO : 1. -. / THE APPELLANT 2. )/-. / THE RESPONDENT. 3. 0 ( ) / THE CIT(A)- 4. 0 / CIT 5. +1' )*% , , / DR, ITAT, MUMBAI 6. '2 3 / GUARD FILE. % % % % / BY ORDER, /+* )* //TRUE COPY// 4 44 4 / 5 5 5 5 6 6 6 6 (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI.