Shri Vinod Kantilal Shah, Sangli V. ITO Ward 2(1),

ITA 660/PUN/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3222 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 01-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJU AJWANI
• Assessee Lawyers: K SRINIVASAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI I.C.SUDHIR JM AND SHRI D. KARUNAKARA RA O AM I.T.A. NO.660, 685 & 686/PN/2009 (ASSTT. YEAR : 2002-03,2003-04 & 2004-05) INCOME TAX OFFICER APPELLANT WARD-2(1), SANGLI VS. SHRI. VINOD KANTILAL SHAH, RESPONDENT D-7, GIRNAR COMPLEX, AMRAI ROAD, SANGLI PAN : AACHS2881P APPELLANT BY : SMT. MANJU AJWANI RESPONDENT BY : SHRI K. SRINIVASAN ORDER PER I.C. SUDHIR JM THESE APPEALS HAVE BEEN PREFERRED BY THE REVENUE A GAINST THE FIRST APPELLATE ORDER ON SEVERAL GROUNDS. 2. AT THE OUTSET OF HEARING, THE LD. A.R. POINTED O UT THAT TAX EFFECT IN EACH OF THESE APPEALS IS BELOW RS. 2,00,000/-, HENC E AS PER THE CBDT INSTRUCTION NO. 5/2008 DT. 15.5.2008, THE ISSUE PUR SUANT TO POWER CONFERRED U/S. 268A OF THE I.T. ACT, THE PRESENT APPEALS ARE NOT MAINTAINABLE. THE LD. A.R. ALSO PLACED RELIANCE ON THE DECISION OF HONBL E JURISDICTIONAL BOMBAY HIGH COURT IN THE CASE OF CIT V/S. POLYCOTT CORPORA TION (2009), 178 TAXMAN 255 (BOMBAY). THE LD. D.R. DID NOT OBJECT THE ABOV E SUBMISSION OF THE LD. A.R. THAT TAX EFFECT IN EACH OF THESE APPEALS IS BE LOW RS. 2,00,000/-. 3. AFTER HAVING GONE THROUGH THE CITED DECISION OF JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V/S. POLYCOTT CORPORATION (SUPRA), WE FIND THAT THE HONBLE HIGH COURT THEREIN HAS BEEN PLEASED TO HOLD THAT IN VIEW OF CBDT INSTRUCTION NO. 5/2008 DT. 15.5.2008, ISSUED PURSUA NT TO POWER CONFERRED U/S. 268A, DUTY IS CAST ON A.O THAT EVEN IF DISPUTE D QUESTION ARISE FOR MORE THAN ONE ASSESSMENT YEAR, AN APPEAL SHOULD BE FILED IN RESPECT OF THOSE YEARS, IN WHICH TAX EFFECT IN RESPECT OF DISPUTED I SSUES EXCEEDS MONETARY LIMIT, SPECIFIED IN PARA 3 OF THE SAID INSTRUCTION. WE, THUS, RESPECTFULLY FOLLOWING THE ABOVE DECISION OF HONBLE JURISDICTIO NAL HIGH COURT HOLD THAT THE ITA NO. 660, 685 & 686/PN/09 (SHRI VINOD KANTILAL SHAH) (ASSSTT.YEAR 2002-03, 2003-04 & 2004-05) , 2 PRESENT APPEALS HAVING TAX EFFECT BELOW RS. 2,00,00 0/- EACH HAVE BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CBDT INSTR UCTION NO. 5/2008 DT. 15.5.2008 READ WITH SECTION 268A OF THE ACT, HENCE THESE ARE NOT MAINTAINABLE. THESE APPEALS ARE, ACCORDINGLY, DISM ISSED. 4. IN THE RESULT, APPEALS ARE DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON TH O CTOBER, 2010 SD/- SD/- (D. KARUNAKARA RAO) (I.C.SUDHIR) ACCOUNTANT MEMBER JUDICI AL MEMBER PUNE DATED THE 28TH OCTOBER , 2010 THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 28.10. 2010 SD/- SD/- (G.S. PANNU) (I.C. SUDHIR) A.M. J.M US COPY OF THE ORDER IS FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A)- KOLHAPUR, 4. CIT I, I/II, KOLHAPUR/CIT(CENTRAL), PUNE 5. D.R. ITAT B BENCH 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, PUNE BENCHES, PUNE