DCIT CC 39, MUMBAI V. PAWANKUMAR B AGARWAL, MUMBAI

ITA 7406/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 8631 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-10-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 03-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAVIN KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO, ACCOUNTAT MEMBER I.T.A. NO.7406/M/2011 ASSESSMENT YEAR: 2003-2004 JCIT (O.S.D), CENT. CIR. - 39, R.NO. 32(1), GROUND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020. VS. SHRI PAWAN KUMAR B. AGARWAL, 403, VYAPAR BHAVAN, P.D. MELLO ROAD, MUMBAI 400 009. PAN: AADPA6571H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PRAVIN KUMAR, CIT - DR RESPONDENT BY : SHRI VIJAY MEH TA DATE OF HEARING: 11.10.2012 DATE OF ORDE R: 11.10.2012 O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE REVENUE ON 3.11.2011 IS DI RECTED AGAINST THE ORDER OF CIT(A)-41, MUMBAI DATED 12.8.2011 IN RELATION TO AS SESSMENT YEAR 2003-2004. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. WE FIND THAT THE TAX E FFECT INVOLVED IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN RS. 3 LAKH S AND THIS POSITION HAS NOT BEEN DISPUTED EVEN BY THE LEARNED DR. AS PER THE CB DT INSTRUCTION NO. 3 OF 2011 ISSUED ON 09/02/2011, THE MONETARY LIMIT FOR F ILING OF AN APPEAL BY THE DEPARTMENT BEFORE THE TRIBUNAL HAS BEEN REVISED TO RS. 3 LAKHS. AS DECIDED BY THE CBDT, APPEALS SHALL NOT BE FILED BY THE DEPA RTMENT IN CASES WHERE TAX EFFECT DOES NOT EXCEED RS. 3 LAKHS. IN THE CASE OF CIT VS. MADHUKAR INAMDAR (HUF) 318 ITR 149, THE HONBLE BOMBAY HIGH COURT HAS HELD THAT CBDT INSTRUCTION FIXING ANY MONETARY LIMIT FOR FILI NG THE APPEAL WOULD APPLY EVEN FOR THE PENDING CASES. KEEPING IN VIEW THE SAI D DECISION OF HONBLE 2 SHRI PAWAN KUMAR B. AGARWAL JURISDICTIONAL HIGH COURT AND THE BOARD INSTRUCTION NO. 3 OF 2011 DATED 09/02/2011, WE HOLD THAT THE PRESENT APPEAL FILED B Y THE DEPARTMENT INVOLVING TAX EFFECT OF LESS THAN 3 LAKHS IS NOT MA INTAINABLE AND THE SAME IS, THEREFORE, DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF OCTOBER, 2012. SD/- SD/- (D.K. AGARWAL) (D. KARUNAK ARA RAO) JUDICIAL MEMBER ACC OUNTANT MEMBER DATE : 11 .10. 2012 AT :MUMBAI OKK COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT (A), CONCERNED. 4. THE CIT CONCERNED. 5. THE DR C, BENCH, ITAT, MUMBAI. 6. GUARD FILE. // TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI