ITO (IT) 3(1), MUMBAI V. DAMAYANTI V. JAVA (L.H VALLABHADAS G. JAVA), MUMBAI

ITA 5956/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 56238 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-12-2011
• Assessment Year: 1984-1985
• Appeal Filed On: 29-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Assessee Lawyers: M P MAKHIJA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, A.M. AND SHRI V. DU RGA RAO, J.M. ITA NO. 5956/MUM/2010 ASSESSMENT YEAR: 1984-85 INCOME TAX OFFICER-(IT)-3(1), APPELLANT ROOM NO. 114, SCINDIA HOUSE, BALLARD PIE, MUMBAI 400 038.. VS. SMT. DAMAYANTI V. JAVA, RESPONDENT (L/H VALLABHDAS G. JAVA) C/O G.P. KAPADIA & CO., CAS., 61-A, MITTAL TOWER, NARIMAN POINT, MUMBAI 400 021. APPELLANT BY : MR. A.K. NAYAK RESPONDENT BY : MR. M.P. MAKHIJA DATE OF HEARING : 08/12/2011 DATE OF PRONOUNCEMENT : 16/12/2011 ORDER PER V. DURGA RAO, J.M.: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF CIT(A)-10, MUMBAI, PASSED ON 17/05/2010 FOR THE ASS ESSMENT YEAR 1984-85 WHEREIN THE REVENUE HAS RAISED THE FOLLOWIN G GROUNDS OF APPEAL:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DIRECTING THE AO TO ALLOW I NTEREST UNDER SECTION 244(1A) TO THE ASSESSEE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DIRECTING THE AO TO ALLOW I NTEREST ON THE AMOUNT OF SELF ASSESSMENT TAX PAID BY THE ASSESSEE. 3. THE APPELLANT PRAYS THAT THE ORDER OF THE LD. CI T(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE AO RESTO RED. ITA NO. 5956/M/2010 SMT. DAMAYANT V. JAVA 2 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. WE FIND TH AT, AFTER GIVING APPEAL EFFECT, THE TAX EFFECT INVOLVED IN THIS APP EAL FILED BY THE REVENUE IS LESS THAN RS. 3 LAKHS AND THIS POSITION HAS NOT BEEN DISPUTED EVEN BY THE LEARNED DR. AS PER THE CBDT IN STRUCTION NO. 3 OF 2011 ISSUED ON 09/02/2011, THE MONETARY LIMIT FO R FILING OF AN APPEAL BY THE DEPARTMENT BEFORE THE TRIBUNAL HAS BE EN REVISED TO RS. 3 LAKHS. AS DECIDED BY THE CBDT, APPEALS SHALL NOT BE FILED BY THE DEPARTMENT IN CASES WHERE TAX EFFECT DOES NOT EXCEE D RS. 3 LAKHS. IN THE CASE OF CIT VS. MADHUKAR INAMDAR (HUF) 318 ITR 149, THE HONBLE BOMBAY HIGH COURT HAS HELD THAT CBDT INSTRUCTION FI XING ANY MONETARY LIMIT FOR FILING THE APPEAL WOULD APPLY EV EN 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 DEPARTMEN T INVOLVING TAX EFFECT OF LESS THAN 3 LAKHS IS NOT MAINTAINABLE AND THE SAME IS, THEREFORE, DISMISSED. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF DECEMBER, 2011. SD/- SD/- (J. SUDHAKAR REDDY) (V. DU RGA RAO) ACCOUNTANT MEMBER JUDI CIAL MEMBER MUMBAI, DATED: 16 TH DECEMBER, 2011 KV ITA NO. 5956/M/2010 SMT. DAMAYANT V. JAVA 3 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, D BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI.