ACIT CC 46, MUMBAI V. ALLIANCE INTERMEDIATORIES & NETWORK P. LTD, MUMBAI

ITA 891/MUM/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62351 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 30-04-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 09-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: MUMBAI BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO.891/MUM/2012 (ASSESSMENT YEAR: 2003-04) DY. COMM. OF INCOME-TAX-CC-46, R.NO.659, 6TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI -400 020 ...... APPELLANT VS M/S. ALLIANCE INTERMEDIATORIES & NETWORK PVT. LTD., H-BLOCK, SHRI SADASHIV CHAMBERS, 6TH ROAD, SANTACRUZ (E), MUMBAI ..... RESPONDENT PAN: AACCA 9750 E APPELLANT BY: SHRI CHARANJIT SINGH RESPONDENT BY: SHRI DHARMESH SHAH, C.A. DATE OF HEARING: 30.04.2012 DATE OF PRONOUNCEMENT: 30.04.2012 O R D E R R.S. PADVEKAR , JM : THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE I MPUGNED ORDER OF THE LD. CIT (A)-37, MUMBAI DATED 08.11.201 1 FOR THE A.Y. 2003-04. 2. IT IS SEEN THAT AS PER THE ASSESSMENT ORDER PASS ED U/S.143(3) R.W.S.147 TOTAL ASSESSED INCOME IS ` 4,97,450/-. THE TOTAL TAX EFFECT IN THIS CASE IS LESS THAN ` 3 LAKHS AND AS PER THE INSTRUCTIONS ISSUED BY THE CBDT, MINIMUM MONETARY LIMIT IS FIXED FOR FILIN G THE APPEAL BEFORE THE TRIBUNAL. IN THE PRESENT CASE, QUANTUM OF INCO ME IN DISPUTE OF ` 4,97,450/- AND TAX ON SAID AMOUNT IS LESS THAN MONE TARY LIMIT FIXED BY CBDT WHICH IS BELOW ` 3 LAKHS. THE C.B.D.T. HAS ISSUED INSTRUCTIONS TO ALL THE CHIEF COMMISSIONERS/COMMISS IONERS WHERE THE TAX EFFECT IS LESS THAN ` 3 LAKHS, THEN THE APPEAL SHOULD NOT BE FILED IN THE TRIBUNAL. MOREOVER, INSTRUCTIONS ISSUED BY THE CBDT PUTTING ITA 891/M/2012 M/S. ALLIANCE INTERMEDIATORIES & NETWORK PVT. LTD. 2 MONETARY LIMIT OF TAX EFFECT FOR FILING APPEALS IN THE TRIBUNAL HAS BEEN CONSIDERED BY HONBLE HIGH COURT OF BOMBAY IN THE C ASE OF CIT VS. PITHWA ENGINEERING 276 ITR 519 AND HELD THAT INSTRU CTION IS APPLICABLE TO PENDING APPEALS ALSO. MOREOVER IN TH E CASE OF MADHUKAR K. INAMADAR 318 ITR 149 (BOM) THEIR LORDSHIPS HAVE HELD THAT THE CIRCULAR NO.3 OF THE CBDT DATED 09.01.2011 IS APPLI CABLE TO THE APPEALS PENDING FOR ADMISSION OR FOR FINAL DISPOSAL . AS PER THE SAID INSTRUCTIONS PRESENT APPEAL IS NOT MAINTAINABLE AS A.O. HAS NO AUTHORITY TO FILE THE SAME. I, THEREFORE, RESPECTF ULLY FOLLOWING THE DECISIONS OF THE HONBLE JURISDICTIONAL HIGH COURT, CITED SUPRA, DISMISS THE APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE . 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 3 0TH APRIL, 2012. SD/- ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 30TH APRIL, 2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-37, MUMBAI. 4) THE CIT-CENTRAL -1, MUMBAI. 5) THE D.R. SMC BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN