VIKRAM BUILDERS, MUMBAI v. ACIT CEN CIR 9, MUMBAI

CO 66/MUM/2010 | 2006-2007
Pronouncement Date: 22-10-2010 | Result: Dismissed

Appeal Details

RSA Number 6619923 RSA 2010
Assessee PAN AAEFV7186L
Bench Mumbai
Appeal Number CO 66/MUM/2010
Duration Of Justice 7 month(s) 4 day(s)
Appellant VIKRAM BUILDERS, MUMBAI
Respondent ACIT CEN CIR 9, MUMBAI
Appeal Type Cross Objection
Pronouncement Date 22-10-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted F
Tribunal Order Date 22-10-2010
Date Of Final Hearing 07-10-2010
Next Hearing Date 07-10-2010
Assessment Year 2006-2007
Appeal Filed On 18-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH F : MUMBAI BEFORE SHRI D.K. AGARWAL (JM) AND SHRI B. RAMAKO TAIAH (AM) SR. NO. I.T.A. NO. ASSESSMENT YEAR APPELLANT RESPONDENT 1. 5278/MUM/2009 2002-03 ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 9 MUMBAI VIKRAM BUILDERS 17 KAMAL BLDG 38 CAWASJI PATEL STREET FORT MUMBAI. PA NO: AAEFV7186L 2. 5279/MUM/2009 2003-04 - DO - - DO - 3. 5280/MUM/2009 2004-05 - DO - - DO - 4. 5281/MUM/2009 2006-07 - DO - - DO - 5. 5282/MUM/2009 2007-08 - DO - VS. - DO - AND SR. NO. C.O. NO. ARISING OUT OF I.T.A. NO. ASSESS- MENT YEAR CROSS OBJECTOR RESPONDENT 1. 63/MUM/2010 5278/MUM/2009 2002-03 VIKRAM BUILDERS 17 KAMAL BLDG 38 CAWASJI PATEL STREET FORT MUMBAI. PA NO: AAEFV7186L ASST. COMMISSIONE R OF INCOME TAX CENTRAL CIRCLE 9 MUMBAI 2. 64/MUM/2010 5279/MUM/2009 2003-04 - DO - - DO - 3. 65/MUM/2010 5280/MUM/2009 2004-05 - DO - - DO - 4. 66/MUM/2010 5281/MUM/2009 2006-07 - DO - VS. - DO - DEPARTMENT BY: SHRI VIRENDRA OJHA ASSESSEE BY: SHRI J.D. MISTRY O R D E R PER BENCH THESE APPEALS PREFERRED BY THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER DATED 21.7.2009 PASSED BY THE LD. CIT( A) FOR THE ASSESSMENT YEARS 2002-03 2003-04 2004-05 2006-07 AND 2007-0 8 AGAINST WHICH THE ASSESSEE HAS ALSO FILED CROSS OBJECTION FOR THE ASS ESSMENT YEARS 2002-03 2003-04 2004-05 AND 2006-07 . SINCE FACTS ARE ID ENTICAL AND GROUNDS ARE ITA NO.5281 + 8 APPEALS VIKRAM BUILDERS 2 COMMON ALL THESE APPEALS AND CROSS OBJECTIONS ARE D ISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. REVENUES APPEALS : ITA NO.5278/MUM/2009 (AY : 2002-03) ITA NO.5279/MUM/2009 (AY : 2003-04) ITA NO.5280/MUM/2009 (AY : 2004-05) ITA NO.5281/MUM/2009 (AY : 2006-07) ITA NO.5282/MUM/2009 (AY : 2007-08) 2. AT THE TIME OF HEARING IT WAS OBSERVED THAT THE TAX EFFECT ON THE DISPUTED AMOUNT IN ALL THE APPEALS FILED BY THE REV ENUE IS LESS THAN RS.2.0 LACS. THE LD. DR DID NOT DISPUTE ON THE SAID FACTU AL MATRIX OF THE CASE. THIS BEING SO AND IN TERMS OF RECENT INSTRUCTION NO.5/20 08 DATED 15 TH MAY 2008 ISSUED BY THE C.B.D.T. THE DEPARTMENT SHOULD NOT HA VE FILED THE APPEALS. ACCORDINGLY THE APPEALS FILED BY THE REVENUE ARE D ISMISSED. CROSS OBJECTION BY THE ASSESSEE : C.O. NO.63/MUM/2010 (AY : 2002-03) C.O. NO.64/MUM/2010 (AY : 2003-04) C.O. NO.65/MUM/2010 (AY : 2004-05) C.O. NO.66/MUM/2010 (AY : 2006-07) 3. THE ASSESSEE IN ALL THE CROSS OBJECTIONS HAS CH ALLENGED THE VALIDITY OF JURISDICTION UNDER SECTION 153A AND /OR 153C OF THE INCOME TAX ACT 1961(THE ACT). 4. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE A SSESSEE SUBMITS THAT IN VIEW OF THE DISMISSAL OF REVENUES APPEALS ON THE G ROUND OF TAX EFFECT BEING BELOW RS. 2.00 LACS HE IS NOT PRESSING THE GROUNDS TAKEN BY THE ASSESSEE IN HIS CROSS OBJECTIONS WHICH WAS NOT OBJECTED TO BY T HE LD. DR . ITA NO.5281 + 8 APPEALS VIKRAM BUILDERS 3 5. THAT BEING SO AND IN THE ABSENCE OF ANY SUPPORTI NG MATERIAL PLACED ON RECORD BY THE LD. COUNSEL FOR THE ASSESSEE THE GROU NDS TAKEN BY THE ASSESSEE IN ALL THE CROSS OBJECTIONS ARE REJECTED BEING NOT PRESSED. 6. IN THE RESULT THE REVENUES APPEALS AND ASSESSE E'S CROSS OBJECTIONS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22.10.2010. SD/- SD/- (B. RAMAKOTAIAH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED: 22.10.2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT(A) CONCERNED MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI.