ITO 6(1)(3), MUMBAI V. RADIO COMPONENTS & TRANSISTORS CO. LTD, MUMBAI

ITA 593/MUM/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3591 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 29-10-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 24-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CAPT PRASAD S ARYA SR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D, BENCH MUMBAI BEFORE SHRI B.R.BASKARAN, AM & SHRI PAWAN SIN GH, JM ITA NO.593/MUM/2 014 (ASSESSMENT YEAR : 2010-11) ITO 6(1)(3), ROOM NO.508, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. VS. M/S RADIO COMPONENTS & TRANSISTORS CO. LTD. 410/411, KHATAU HOUSE, MOGUL LANE, MAHIM(W), MUMBAI-400016 PA N/GIR NO.: AAACR0413R ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY : CAPT. PRASAD S. ARYA (SR. AR) ASSESSEE BY : SHRI NITESH JOSHI. DATE OF HEARING : 05/07/2016 DATE OF PRONOUNCEMENT: 05/07/2016 O R D E R PER PAWAN SINGH, JM: THE ABOVE APPEAL IS FILED BY THE ASSESSING OFFICER (AO) RAISING TWO GROUNDS OF APPEAL FOR THE ASSESSMENT YEAR MENTIONED ABOVE. THE TAX EFFECT INVOLVED IN THE ABOVE REFERRED CASE IS ONLY RS. 5,95,908/- WHICH IS BELOW THE MONETARY LIMIT (RS. 10,00,000/-) PRESCRIBED BY THE CENTRAL BOARD OF DIRECTOR TAXES(C BDT), VIDE ITS CIRCULAR NO.21/2015(F.NO.142/2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015. 2. SHRI NITESH JOSHI (AR) HAS APPEARED ON BEHALF OF THE ASSESSEE. THE DEPARTMENTAL REPRESENTATIVE (DR) ON A QUERY BY THE BENCH FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE ABOVE CASE WAS LESS THAN RS. 10.00 LACS. CONSIDERING THESE FACTS, WE DISMISS THE APPEAL HOLDING THEM AS NOT MAINTAINABLE U/S. 268A OF THE INCOME-TAX ACT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 05/07 /2016. SD/- SD/- (B.R.BASKARAN) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED :05/07/2016 SK, PS COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY/