ITO 9(2)(2), MUMBAI V. KARAN EMOSSING P. LTD, MUMBAI

ITA 6366/MUM/2010

• Counselvise Citation: 636619914 RSA 2010
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 27-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K B MENON
• Assessee Lawyers: MIHIR S SHAH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: MUMBAI BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO.6366/MUM/2010 (ASSESSMENT YEAR: 2007-08) INCOME-TAX OFFICER-9(2) (2), R.NO.225, AAYAKAR BHAVAN, MAHARSHI KARVE ROAD, MUMBAI -400 020 ...... APPELLANT VS M/S. KARAN EMBOSSING PVT. LTD., GALA NO.41, SIDDHPURA INDUSTRIAL ESTATE, S.V. ROAD, GOREGAON WEST, MUMBAI -400 064 ..... RESPONDENT PAN: AABCK 5654 Q APPELLANT BY: SHRI P.K.B. MENON RESPONDENT BY: SHRI MIHIR S. SHAH DATE OF HEARING: 22.12.2011 DATE OF PRONOUNCEMENT: 22.12.2011 O R D E R PER R.S. PADVEKAR , JM : THIS APPEAL IS FILED BY THE REVENUE CHALLENGING THE IMPUGNED ORDER OF THE LD. CIT (A)-20, MUMBAI DATED 25.06.201 0 FOR THE A.Y. 2007-08. 2. IT IS SEEN THAT THE TOTAL TAX EFFECT IN THIS CAS E IN RESPECT OF THE ISSUE BEFORE US IS LESS THAN RS.2 LAKHS. THE C.B.D .T. HAS ISSUED INSTRUCTIONS TO ALL THE CHIEF COMMISSIONERS/COMMISS IONERS THAT WHERE THE TAX EFFECT IS LESS THAN RS.3 LAKHS, THEN THE APPEAL SHOULD NOT BE FILED IN THE TRIBUNAL. MOREOVER, INSTRUCTIO NS ISSUED BY THE CBDT PUTTING CEILING FOR APPROACHING THE TRIBUNAL H AS BEEN CONSIDERED BY HONBLE HIGH COURT OF BOMBAY IN THE C ASE OF CIT VS. PITHWA ENGINEERING 276 ITR 519 AND HELD THAT INSTRU CTION IS ITA 6366/M/2010 M/S. KARAN EMBOSSING PVT. LTD. 2 APPLICABLE TO PENDING APPEALS ALSO. MOREOVER IN THE CASE OF MADHUKAR K. INAMADAR 318 ITR 149 (BOM) THEIR LORDSHIPS HAVE HELD THAT THE CIRCULAR NO.3 OF THE CBDT DATED 9.1.2011 IS APPLICA BLE TO THE APPEALS PENDING FOR ADMISSION OR FOR FINAL DISPOSAL. WE, T HEREFORE, RESPECTFULLY FOLLOWING THE DECISIONS OF THE HONBLE JURISDICTION AL HIGH COURT, CITED SUPRA, DISMISS THE APPEAL FILED BY THE REVENUE AS N OT MAINTAINABLE. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 2 ND DECEMBER, 2011. SD/- SD/- ( P.M. JAGTAP ) ACCOUTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE : 22 ND DECEMBER, 2011 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-20, MUMBAI. 4) THE CIT-9, MUMBAI. 5) THE D.R. A BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN ITA 6366/M/2010 M/S. KARAN EMBOSSING PVT. LTD. 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 22.12.2011 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 22.12.2011 SR.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 FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER