ASST CIT 16(2), V. VIJAY MANSUKHANI,

MA 493/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0070 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 30-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M SUBRAMANIAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH, B MUMBAI BEFORE SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL M EMBER MA NO: 493/MUM/2012 ARISING OUT OF : 6156/MUM/2008 ASSESSMENT YEAR : 2004-05 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 16(2), 2 ND FLOOR, MATRU MANDIR BLDG., TARDEO ROAD, MUMBAI - 400007 SHRI VIJAY MANSUKHANI, C-11, SEA PHASE PARK, BHULABHAI DESAI ROAD, MUMBAI - 400026 PAN NO.: AACPM 1611 P (APPLICANT) VS. (RESPONDENT) APPLICANT BY : SHRI MANOJ KUMAR RESPONDENT BY : SHRI M. SUBRAMANIAN DATE OF HEARING : 22.02.2013 DATE OF PRONOUNCEMENT : 22.02.2013 ORDER PER RAJENDRA SINGH (AM). THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY TH E REVENUE REQUESTING FOR THE AMENDMENT OF ORDER DATED 11.8.20 11 OF THE TRIBUNAL IN WHICH THE APPEAL OF THE REVENUE HAS BEEN DISMISSED BY THE TRIBUNAL ON THE GROUND OF LOW TAX VIDE ITA NO.6156/M/2008. 2. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECO RDS AND CONSIDERED THE MATTER CAREFULLY. THE TRIBUNAL IN THE ORDER DAT ED 11.8.2011 HAD FOUND THAT TAX EFFECT INVOLVED IN THIS CASE WAS ONLY RS.3 .00 LACS WHICH HAS NOT BEEN CONTESTED BY THE REVENUE IN THE MISCELLANEOUS APPLI CATION. IN VIEW OF THE INSTRUCTION NO.3 OF 2011 DATED 9.2.2011 OF CBDT, RE VENUE AUTHORITIES WERE NOT PERMITTED TO PURSUE DISPUTE BEFORE THE TRIBUNAL IN CASE TAX EFFECT EXCEEDS RS.3.00 LACS. FURTHER THE HON'BLE JURISDICTIONAL HI GH COURT IN CASE OF CIT VS. MA NO.493/M/12 ARISING OU T OF ITA NO.6156/M/08 A.Y: 04-05 2 MADHUKAR K. INAMDAR (318 ITR 148) HELD THAT THE REV ISED MANDATORY LIMIT VIDE CIRCULAR DATED 15.5.2008 WOULD APPLY TO ALL TH E PENDING APPEALS. THE TRIBUNAL THEREFORE APPLIED THE MANDATORY LIMIT OF R S.3.00 LACS IN THIS CASE AND DISMISSED THE APPEAL OF THE REVENUE AS IN VIEW OF T HE JUDGMENT OF THE HIGH COURT, THE REVISED LIMIT OF RS.3.00 LACS APPLIED TO THE PENDING APPEALS ALSO THOUGH FILED EARLIER. WE, THEREFORE, SEE NO APPAREN T MISTAKE IN THE ORDER OF THE TRIBUNAL. THE MISCELLANEOUS APPLICATION IS, THE REFORE, REJECTED. 3. THE MISCELLANEOUS APPLICATION OF THE REVENUE STA NDS REJECTED ORDER PRONOUNCED IN THE OPEN COURT ON 22.2.2013. SD/- SD/- (VIJAY PAL RAO) ( RAJENDRA SINGH ) JUDICIAL MEMBER ACCO UNTANT MEMBER MUMBAI, DATED: 22/02/2013. JV. COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.