DCIT CC 47, MUMBAI V. KHUSHROO N. DHUNJIBHOY, MUMBAI

ITA 6896/MUM/2011

• Counselvise Citation: 689619914 RSA 2011
• Duration Of Justice: 3 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-06-2015
• Appeal Filed By: Department
• Bench Allotted: F
• Next Hearing Date: 20-02-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 11-10-2011
• Court: TRIBUNAL
• Assessee Lawyers: S U PATHAK
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL F , BENCH MUMBAI . . , , BEFORE SHRI R.C.SHARMA , A M & MS. SUSHMA CHOWLA , J M ./ ITA NO S . 5806 &6896 / MUM/20 1 1 ( / ASSESSMENT YEAR S : 200 7 - 08 & 2008 - 09 ) DCIT, CENT. CIR - 47, MUMBAI VS. MR. KHUSHROO N. DHUNJIBHOY IMROZ, 6 - A, MOUNT PLEASANT ROAD, MUMBAI - 400006 ./ ./ PAN/GIR NO. : A CUPD 9009 Q ( / APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI MANOJ MISHRA /ASSESSEE BY : SHRI S.U.PATHAK / DATE OF HEARING : 0 3 /0 6 / 2015 / DATE OF PRONOUNCEMENT 03/06 /2015 / O R D E R PER R.C.SHARMA (A.M) : BOTH THESE APPEALS HAVE BEEN FILED BY THE REVENUE AGAINST THE ORDER CIT (A), FOR THE ASSESSMENT YEAR S 2007 - 08 & 2008 - 09 , IN THE MATTER OF ORDER PASSED U/S.1 43 (3) OF THE INCOME TAX ACT. 2 . AT THE OUTSET, LD. AR REL IED ON A CHART WHICH IS PLACED ON RECORD, WHEREIN IT IS STATED THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE FOR A.Y. 2007 - 08 IS RS.2,17,347/ - AND FOR A.Y.2008 - 09 IS RS.2,21,744/ - , THEREFORE, THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE AS PER THE CBDT INSTRUCTION NO. 3 OF 2011 DATED 9 - 2 - 2011 . ON THE OTHER HAND, LEARNED DR DID NOT CONTROVERT THIS SUBMISSION OF LD. AR. ITA NO S . 5806 & 6896 /1 1 2 3 . WE HAVE CONSIDERED RIVAL CONTENTIONS AND PERUSED THE RECORD CAREFULLY. WE FOUND THAT THE APPEALS FILED BY THE REVENUE ARE LESS THAN THE MONETARY LIMIT OF RS. 3 LACS FIXED BY THE CBDT VIDE INSTRUCTION NO. 3 OF 2011 DATED 9 - 2 - 2011 REPORTED IN (2011) 332 ITR 1 (STATUTES) FOR FILING THE APPEALS BEFORE THE TRIBUNAL AND EVEN THE LD. D.R. HAS NOT DISPUTED THIS POSITION CLEARLY EVIDENT F ROM THE GROUNDS TAKEN BY THE REVENUE. IN CIT VS. MADHUKAR K. INAMDAR (HUF) (2009) 318 ITR 148 (BOM), IT HAS BEEN HELD THAT THE REVISED MONETARY LIMIT IN THE CIRCULAR DATED MAY 15, 2008 WOULD BE APPLICABLE TO ALL THE PENDING APPEALS. A SIMILAR VIEW IS REITE RATED BY THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. SMT. VARSHA DILIP KOLHE IN TAX APPEAL NO. 7 OF 2010 DTD. 5 - 3 - 2012 AFTER CONSIDERING THE INSTRUCTION NO. 3/2011 DATED 9 - 2 - 2011 AND THE DECISION OF THE HONBLE SUPREME COURT IN CIT - CENTR AL III VS. SURYA HERBAL LTD. DECIDED ON 29 - 8 - 2011. 4. KEEPING IN VIEW THE JUDICIAL PRONOUNCEMENTS DISCUSSED ABOVE AND CBDT INSTRUCTION NO. 3 OF 2011 DATED 9 - 2 - 2011, WE HOLD THAT THE PRESENT APPEAL S FILED BY THE DEPARTMENT INV OLVING TAX EFFECT LESS THA N RS. 3 LACS ARE NOT MAINTAINABLE. THE SAME ARE , THEREFORE, DISMISSED AT THE THRESHOLD. 5 . IN THE RESULT, BOTH APPEAL S OF THE REVENUE ARE DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 03/06 / 201 5 . SD/ - SD/ - ( ) ( SUSHMA CHOWLA ) ( . . ) ( R.C.SHARMA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 03/06 /201 5 . . /PKM , . / PS ITA NO S . 5806 & 6896 /1 1 3 / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TR UE COPY/