ITO WD 19(3)(4), MUMBAI V. SHERBANOO H. CHARANIA, MUMBAI

ITA 6539/MUM/2012

• Counselvise Citation: 653919914 RSA 2012
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 13-08-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 30-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , , , , ,, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI , , ! BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.6539/MUM/2012 ASSESSMENT YEAR:2007-08 INCOME TAX OFFICER - 19(3)4 , ROOM NO.304, PIRAMAL CHAMBER LALBAUG, MUMBAI-400012 ' ' ' ' / VS. SMT. SHERBANOO H. CHARANIA, FLAT NO.74, HIG COLONY, BLDG. NO.15, BANDRA RECLMATION, BANDRA(W), MUMBAI - 400050 ( / REVENUE) ( ' %&' /ASSESSEE) P.A. NO.ADEPC0968Q ( ) ( ) ( ) ( ) / REVENUE BY SHRI NEIL PHILIP - DR ' %&' ( ) ( ) ( ) ( ) / // / ASSESSEE BY): NONE ' ( '* / / / / DATE OF HEARING : 11 /02 /2015 +,- ( '* / DATE OF PRONOUNCEMENT : 11 /0 2 /2015 . . . . / / / / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) : THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 31/07/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, ON THE GROUNDS AS MENTIONED IN THE GROUNDS OF APPEAL. 2. AT THE TIME OF HEARING, LD. DR, SHRI NEIL PHILIP , ADVANCED HIS ARGUMENTS WHICH ARE IDENTICAL TO THE GROUND RAISED. HOWEVER, SMT. SHERBANOO H. CHARANIA . 2 NONE WAS PRESENT ON BEHALF OF THE ASSESSEE, AT THE OUTSET, WE FOUND THAT THE TAX EFFECT IN THE PRESENT APPEAL IS RS.3,13,615/- WHICH IS BELOW PRESCRIBED MONETARY LIMIT FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. IT WAS FAIRLY AGREED BY THE LD. DR THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW PRESCRIBE D MONETARY LIMIT. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND P ERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW OF THE FACT THAT THE TAX EFFECT IN THE APPEAL IS BELOW PRESCRIBED MONETARY L IMIT AS CONTAINED IN CBDT INSTRUCTION NO.3/2011 DATED 09/02 /2011, FURTHER INSTRUCTION NO.5/2014(F NO.279/MISC./ 142/2 007-IT(PT) DATED 10/07/2014. THE CBDT REVISED THE MONETARY LIM IT FOR FILING THE APPEAL BEFORE VARIOUS AUTHORITIES/COURTS AND ADVISED/DIRECTED THE DEPARTMENT NOT TO FILE APPEAL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLLOWING MONETARY LIMITS:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN R S.) 1. BEFORE APPELLATE TRIBUNAL 4,00,000/- 2. U/S 260 A BEFORE HIGH COURT 10,00,000/- 3. BEFORE SUPREME COURT 25,00,000/- AS PER THE AFORESAID INSTRUCTION, THE DEPARTMENT IS NOT TO FILE APPEAL BEFORE THE TRIBUNAL WHEREIN THE TAX EFF ECT IS LESS THAN RS.4,00,000/-, CONSEQUENTLY, CONSIDERING THE DECISI ON FROM THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF PI THWA ENGINEERING WORKS (276 ITR 519) (BOM ) , THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY THE APPEAL OF THE REVENUE IS DISMISSED. SMT. SHERBANOO H. CHARANIA . 3 THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVE FROM BOTH SIDES AT T HE CONCLUSION OF HEARING ON 11/02/2015 . SD/- (RAJENDRA) SD/- (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; /' DATED : 11/02/201 5 F{X~{T? P.S/. '.. . ( 1'2 32-' . ( 1'2 32-' . ( 1'2 32-' . ( 1'2 32-'/ COPY OF THE ORDER FORWARDED TO : 1. 45 / THE APPELLANT 2. 1645 / THE RESPONDENT. 3. 7 ( ) / THE CIT, MUMBAI. 4. 7 / CIT(A)- , MUMBAI 5. 29: 1'' , , / DR, ITAT, MUMBAI 6. :;% < / GUARD FILE. .' .' .' .' / BY ORDER, 62' 1' //TRUE COPY// = == =/ // /> > > > (DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI