ITO 14(1)(4), MUMBAI V. YOGESH N AHUJA, MUMBAI

ITA 6949/MUM/2008

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 4148 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 28-10-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 05-12-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAVEEN GUPTA
• Assessee Lawyers: HITESH P SHAH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

I.T.A NO. 6949/MUM/2008 ASSESSMENT YEAR: 2004-05 1 IN THE INCOME TAX APPELLATE TRIBUNAL, G BENCH, MUMBAI. BEFORE SHRI D.K.AGARWAL (JUDICIAL MEMBER) AND SHRI PRAMOD KUMAR(ACCOUNTANT MEMBER) I.T.A NO. 6949/MUM/2008 ASSESSMENT YEAR: 2004-05 INCOME TAX OFFICER 13(1(4), . APPELLANT 203, 2 ND FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI-21. VS. YOGESH N AHUJA, . RESPONDENT M/S. SHIVA BELEACHERS P. LTD., 25/31, LALMANI BLDG., 1 ST FLOOR ABOVE CENTRAL BANK OF INDIA, BHULESHWAR, MUMBAI-02. PA NO.AADPA 3284 F APPELLANT BY: SHRI NAVEEN GUPTA RESPONDENT BY : SHRI HITESH P. SHAH O R D E R PER PRAMOD KUMAR: 1. BY WAY OF THIS APPEAL, THE REVENUE HAS CALLED IN TO QUESTION CORRECTNESS OF CIT(A)S ORDER DATED 3 RD OCTOBER, 2008 , IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, FOR ASSESSMENT YEAR 2004-05 2. AS FAR AS THIS APPEAL OF THE REVENUE IS CONCERN ED, LEARNED REPRESENTATIVES AGREE THAT THE TAX EFFECT ON THIS AMOUNT IS LESS TH AN RS.2 LAKHS, WHICH IS THE AMOUNT I.T.A NO. 6949/MUM/2008 ASSESSMENT YEAR: 2004-05 2 PRESCRIBED BY THE LATEST CIRCULAR ISSUED BY CBDT AS THE THRESHOLD LIMIT FOR FILING APPEAL BEFORE THE TRIBUNAL. 3. THE BOMBAY HIGH COURT IN THE CASE OF CIT VS. CAM CO COLOUR CO. 254 ITR 565 HAS HELD THAT APPEALS FILED BY REVENUE WHERE THE DI SPUTED TAX AMOUNT FALLS BELOW THE LIMIT PRESCRIBED BY THE CBDT ARE NOT MAINTAINAB LE. THE POSITION ON THE SUBJECT HAS BEEN REITERATED IN THE CASE OF CIT VS. PITHWA E NGG. 276 ITR 519 WHERE THE COURT HAS FURTHER CLARIFIED THAT AS REGARDS CIRCULARS ISS UED BY CBDT FROM TIME TO TIME FIXING THE MONETARY LIMIT IN THE MATTER OF FILING A PPEALS, THE LAST IN POINT OF TIME WOULD APPLY NOT ONLY TO THE APPEALS TO BE FILED THE REAFTER BUT ALSO TO THE APPEALS PENDING ON THE DATE OF SUCH NOTIFICATION.. THIS PO SITION HAS AGAIN BEEN FOLLOWED BY THE BOMBAY HIGH COURT IN THE CASE OF CIT VS. ZEOB Y . THOPIWALA, 284 ITR 379. IN VIEW OF THIS, FOLLOWING THE DECISIONS OF THE JURISD ICTIONAL HIGH COURT IN THE CASE OF PITHWA ENGG AND ZEOB Y. TGHOPIWALA (SUPRA), WE DISM ISS THE APPEAL FILED BY THE REVENUE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE STAND S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.10.2010. SD/- (D.K.AGARWAL) (JUDICIAL MEMBER) SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 28 TH OCTOBER , 2010 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)-XIV, MUMBA I 4. COMMISSIONER OF INCOME TAX, 14-, MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH G, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI I.T.A NO. 6949/MUM/2008 ASSESSMENT YEAR: 2004-05 3 DATE INITIALS 1. DRAFT DICTATED ON 28.10.2010 PS 2. DRAFT PLACED BEFORE AUTHOR 28.10.2010 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM/JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5. APPROVED DRAFT COMES TO THE SR. PS PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER I.T.A NO. 6949/MUM/2008 ASSESSMENT YEAR: 2004-05 4