ITO 8(2)4, MUMBAI V. PALAK COMMODITIES P. LTD, MUMBAI

ITA 6246/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9426 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-11-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 09-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RA JESH DWIVEDY
• Assessee Lawyers: JINESH DOSHI
• Keywords: Tax effect
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI D. KARUNAKARA RAO , ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO. 6264/MUM/2011 (ASSESSMENT YEAR: 2007-08) INCOME-TAX OFFICER 8(2)-4, ROOM NO. 213/ 216A, 2 ND FLOOR, AAYAKAR BHAVAN, MAHARSHI KARVE MARG, MUMBAI -400 020 VS. M/S. PALAK COMMODITIES PVT. LTD., 501/502, HERITAGE PLAZA, A WING, NITYANAND NAGAR, 28/29, TELLIGULLY CROSS RD., MUMBAI -400 069 PAN AABCS 4364 D (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJESH DWIVEDY RESPONDENT BY : SHRI JINESH DOSHI DATE OF HEARING: 05.11.2012 DATE OF PRONOUNCEMENT: 05.11.2012 O R D E R PER VIVEK VARMA, JM: THE DEPARTMENT HAS FILED THE APPEAL, AGAINST THE ORDER O F CIT(A) 7, MUMBAI, DATED 21.06.2011. 2. AT THE TIME OF HEARING, THE AR MADE A PRELIMINARY OBJEC TION WITH REGARD TO THE MAINTAINABILITY OF THE APPEAL ON ACCOUNT OF QUANTUM OF TAX TO BE BELOW THE LIMITS, AS PRESCRIBED BY THE CBDT INS TRUCTION NO. 3/2011 DATED 09.02.2011, WHEREIN THE MINIMUM LIMIT PRESCRIBED FOR FILING OF THE APPEAL IS RS 3,00,000 BEFORE THE ITAT. ACCORDING TO THE AR THE TAX DETERMINED AFTER RECTIFICATION U/S 154 WAS ONLY R S 54,029, AS PER THE COPY ENCLOSED. M/S. PALAK COMMODITIES PVT. LTD. ITA 6264/MUM/2011 2 3. THE DR ACCEPTED THE PRELIMINARY OBJECTION RAISED BY THE AR BUT SUBMITTED THAT THE APPEAL MAY BE DISPOSED OFF, BUT THE ISS UES RAISED HEREIN SHOULD BE OPEN IN CASE OF RESTORATION OF APPEAL OR FOR SUBSEQUENT YEAR(S). 4. WE HAVE SEEN THE SUBMISSIONS DATED 05.11.2012 AND TH E ORDER U/S 154 AND THE ZEROX COPY OF THE DEMAND NOTICE, WHERE IN WE FIND THAT THE TAX EFFECT BEING LESS THEN THE PRESCRIBED LIMITS, WE HOLD THAT THE APPEAL IS NOT MAINTAINABLE. 5. THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED AS NON MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH NOVEMBER, 2012. SD/- (D. KARUNAKARA RAO) ACCOUTANT MEMBER SD/- (VIVEK VARMA) JUDICIAL MEMBER MUMBAI, DATE: 05/11/2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)- 17 , MUMBAI. 4) THE CIT 8, MUMBAI, 5) THE D.R. C BENCH, MUMBAI. 6) COPY TO GUARD FILE. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN