ITO WD 21(1)(1), MUMBAI V. ANWAR HUSSAIN J THIM, MUMBAI

ITA 947/MUM/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5782 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 16-01-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 02-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P SINGH
• Assessee Lawyers: D C JAIN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH I , MUMBAI BEFORE SHRI R.C. SHARMA , ACCOUNTANT MEMBER AND SHRI SANJAY GARG , JUDICIAL MEMBER ITA NO. 947/M/2011 ASSESSMENT YEAR: 2007 - 08 ITO WD 21(1)(1), ROOM NO.603, 6 TH FLOOR, PRATYAKSHAKAR BHAVAN, BAN DRA - KURLA COMPLEX, BANDRA, MUMBAI . VS. SHRI ANWAR HUSSAIN J THIM D - 2, AMAR TOWER, A.D. ROAD, JUHU, MUMBAI - 49 PAN :AAAPT2475N (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI D.C. JAIN REVENUE BY : S HRI O.P. SINGH, D.R. DATE OF HEARING : 16 . 01. 201 4 DATE OF PRONOUNCEMENT : 16.01.2014 O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE CHALLENGING THE IMPUGNED ORDER DATED 08.11.2010 , PASSED BY THE LE ARNED COMMISSIONER (APPEALS ) , FOR THE QUANTUM OF ASSESSMENT PASSED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT ) FOR ASSESSMENT YEAR 200 7 0 8 . 2 . AT THE OUTSET, LD. A .R. SUBMITTED THAT THE DISPUTED TAX IN THIS CASE IS RS. 1,75,200 / - A ND, AS PER INSTRUCTIONS NO.5 OF 2008 DATED 15.05.2008 ISSUED BY CBDT UNDER SECTION 268A, APPEAL IS NOT MAINTAINABLE AS THE TAX EFFECT IS LESS THAN RS.2 LAKHS AND THE APPEAL IS FILED ON 02.02.2011. 3 . IT MAY BE FURTHER NOTED THAT AS PER CBDT INSTRUCTION NO.3 OF 2011, DATED 9 TH FEBRUARY 2011, MONITORY LIMIT FOR FILING THE APPEAL HAS BEEN INCREASED TO ITA NO .947/M/2011 SHRI ANWAR HUSSAIN J. THIM 2 RS.3,00,000/ - . SINCE THE APPEAL IN THIS CASE HAS BEEN FILED ON 02.02.11, HENCE CBDTS INSTRUCTION NO.5 OF 200 8 IS APPLICABLE TO THE CASE IN HAND AND THE TAX EFFEC T BEING LESS THAN RS.2 LAKHS THE APPEAL IS NOT MAINTAINABLE AS PER SECTION 268A OF INCOME TAX ACT AND THE SAME IS ACCORDINGLY HEREBY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.01. 201 4 . SD/ - SD/ - ( R.C. SHARMA ) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 16.01. 201 4 . * KISHORE COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT ( A) CONCERNED, MUMBAI THE DR C BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.