ACIT 17(1), MUMBAI V. MAYANK D PAREKH, MUMBAI

ITA 6999/MUM/2008

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8167 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 13-10-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 10-12-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA GUPTA
• Assessee Lawyers: SUBHASH SHETTY
• Keywords: Tax effect
• Section: 6; 15

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI D.K. AGARWAL (J.M.) AND SHRI PRAMOD KUM AR (A.M.) ITA NO. 6999/MUM/2008 ASSESSMENT YEAR : 2004-05 ACIT 17(1) IST FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI - 12. VS. SHRI MAY ANK D. PAREKH, ESTATE OFFICE BUILDING, INDUSTRIAL ESTATE, LALBAUG, MUMBAI- 400 012. PAN : AACPP7179B (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. ASHIMA GUPTA RESPONDENT BY : SHRI SUBHASH SHETTY O R D E R PER D.K. AGARWAL, J.M. THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED A GAINST THE ORDER DATED 9.9.2008 PASSED BY THE LEARNED CIT(A) FOR THE ASSESSMENT YEAR 2004-05. 2. AT THE TIME OF HEARING IT WAS OBSERVED THAT THE ASSESSMENT WAS COMPLETED AT THE SAME INCOME ON WHICH THE RETURN WA S FILED I.E. ` 14,95,220/-, THEREFORE, TAX EFFECT IN THE APPEAL FI LED BY THE REVENUE IS LESS THAN ` 2 LACS. THE LEARNED D.R. DID NOT DISPUTE ON THE S AID FACTUAL MATRIX OF THE CASE. 3. THAT BEING SO AND IN TERMS OF RECENT INSTRUCTION NO. 3/2011 [F.NO. 279/MISC. 142/2007-ITJ], DATED 9.2.2011 ISSUED BY T HE C.B.D.T., THE ITA NO.6999/MUM/2008 SHRI MAYANK D. PAREKH L 2 DEPARTMENT SHOULD NOT HAVE FILED THE APPEAL. ACCOR DINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE REVENUES APPEAL STANDS DISMI SSED. ORDER PRONOUNCED ON THIS 25 TH DAY OF FEBRUARY, 2011. SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER SD/- (D.K. AGARWAL) JUDICIAL MEMBER MUMBAI, DATED 25 TH FEBRUARY, 2011. RK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- XVII MUMB AI 4. COMMISSIONER OF INCOME TAX - 17- , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH F, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI ITA NO.6999/MUM/2008 SHRI MAYANK D. PAREKH L 3 1 DRAFT DICTATED ON 15 . 2 .11 SR PS 2 DRAFT PLACED BEFORE AUTHOR ON 1 7 . 2 .11 SR PS 3 DRAFT PROPOSED & PLACE BEFORE THE 2 ND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY 2 ND 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 BENC H CLERK SR PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE ON WHICH FILE GOES TO THE AR 10 DATE OF DESPATCH SR PS