ASSTT. CI.T.-1(3), MUMBAI V. M/S. YATISH TRADING COMPANY PVT.LTD., MUMBAI

ITA 6527/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7768 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 01-02-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 10-11-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: H S PARIKH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH: MUMBAI BEFORE SHRI D K AGARWAL, JUDICIAL MEMBER AND SHRI R K PANDA, ACCOUNTANT MEMBER ITA NO 6527/MUM/2008 (ASSESSMENT YEAR: 2003-04) ASSTT COMMISSIONER OF INCOME-TAX 1-(3), ROOM NO.540/564, 5TH FLOOR, AAYAKAR BHAVAN, M K ROAD, NEW MARINE LINES, MUMBAI -400 020 VS YATISH TRADING COMPANY PVT LTD, KASTURI BUILDING, 2ND FLOOR, 171/172, J TATA ROAD, MUMBAI-400 020 PAN: AAACY 0189P APPELLANT RESPONDENT APPELLANT BY: SHRI SUNIL KUMAR SINGH RESPONDENT BY: SHRI H S PARIKH ORDER PER D K AGARWAL, JUDICIAL MEMBER THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED A GAINST THE ORDER DATED 21.8.2008 PASSED BY THE LEARNED CIT (A) FOR THE ASS ESSMENT YEAR 2003-04. 2. AT THE TIME OF HEARING IT WAS OBSERVED THAT THE TAX EFFECT IN APPEAL FILED BY THE REVENUE IS LESS THAN RS 2.0 LACS. 3. THAT BEING SO AND IN TERMS OF RECENT INSTRUCTION NO.5/2008 DATED 15TH MAY, 2008 ISSUED BY THE C.B.D.T. THE DEPARTMENT SHOULD N OT HAVE FILED THE APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DIS MISSED. 4. IN THE RESULT, REVENUES APPEAL STANDS DISMISSE D. PRONOUNCED IN THE OPEN COURT TODAY ON THE 15TH DAY OF FEBRUARY 2010. SD/- (R K PANDA) ACCOUNTANT MEMBER SD/- (D K AGARWAL) JUDICIAL MEMBER MUMBAI, DATE: 15TH FEBRUARY 2010 ITA 6527/M/2008 YATISH TRADING COMPANY PVT LTD 2 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) -XXI, MUMBAI. 4) THE CIT, CITY-I, MUMBAI. 5) THE D.R. G BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ITA 6527/M/2008 YATISH TRADING COMPANY PVT LTD 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 01.02.10 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 01.02.10 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 SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER