DCIT 8(3), MUMBAI v. VEDANT DYESTUFF & INTERMEDIATES P. LTD, MUMBAI

ITA 2199/MUM/2010 | 2005-2006
Pronouncement Date: 27-12-2010 | Result: Dismissed

Appeal Details

RSA Number 219919914 RSA 2010
Assessee PAN AAACV1300M
Bench Mumbai
Appeal Number ITA 2199/MUM/2010
Duration Of Justice 9 month(s) 8 day(s)
Appellant DCIT 8(3), MUMBAI
Respondent VEDANT DYESTUFF & INTERMEDIATES P. LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 27-12-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted F
Tribunal Order Date 27-12-2010
Assessment Year 2005-2006
Appeal Filed On 19-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F MUMBAI BEFORE SHRI R V EASWAR PRESIDENT AND SHRI P M JAGTAP ACCOUNTANT MEMBER I T A NO: 2199/MUM/2010 (ASSESSMENT YEAR: 2005-06) DEPUTY COMMISSIONER OF INCOME TAX 8(3) APPELLANT MUMBAI VS VEDANT DYESTUFF & INTERMEDIATES PRIVATE LTD. RESP ONDENT MUMBAI (PAN: AAACV1300M) APPELLANT BY: SHRI SUMEET KUMAR RESPONDENT BY: SHRI SUNIL S JHUNJHUNWALA O R D E R R V EASWAR PRESIDENT: THIS IS AN APPEAL BY THE DEPARTMENT. IT RELATES T O THE ASSESSMENT YEAR 2005-06. IT WAS BROUGHT TO OUR NOT ICE BY THE LEARNED DEPARTMENTAL REPRESENTATIVE THAT GROUND NO. 1 CONTAINS A MISTAKE INASMUCH AS IT PROCEEDS ON THE BASIS THAT T HE CIT(A) HAD ALLOWED DEDUCTION UNDER SECTION 80-IB OF THE INCOME TAX ACT 1961 EVEN IN RESPECT OF THE DEPB OF ` 4 60 410/-. IT WAS CLARIFIED THAT THIS ISSUE WAS ACTUALLY DECIDED AGAINST THE ASSESSE E AND IT WAS PRAYED THAT THE GROUND MAY BE READ ACCORDINGLY. TH E LEARNED REPRESENTATIVE FOR THE ASSESSEE ALSO CONFIRMED THE SAME. 2. A PRELIMINARY OBJECTION WAS RAISED BY THE ASSESS EE BEFORE US TO THE EFFECT THAT THE APPEAL IS NOT MAINTAINABL E SINCE THE TAX EFFECT IN THIS CASE IS LESS THAN ` 2 00 000/-. A CALCULATION OF THE TAX EFFECT WAS FILED WHICH SHOWED THAT IT WAS ONLY ` 1 56 919/-. THE CALCULATION WAS NOT OBJECTED TO BY THE REVENUE. AC CORDING TO THE ITA NO: 2199/MUM/2010 2 CIRCULARS ISSUED BY THE CBDT WHICH HAS BEEN REFERR ED TO IN THE JUDGMENT OF THE HONBLE BOMBAY HIGH COURT IN CIT VS . CAMCO COLOUR CO. (2002) 254 ITR 565 (BOM) THE DEPARTMENT CAN APPEAL TO THE TRIBUNAL ONLY WHERE THE TAX EFFECT IS ` 2 00 000/- OR MORE. IN THE PRESENT CASE THE TAX EFFECT IS LESS THAN ` 2 00 000/- AND THEREFORE THE APPEAL IS NOT MAINTAINABLE. RESPECT FULLY FOLLOWING THE JUDGMENT CITED ABOVE WE DISMISS THE APPEAL AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF HEARING ON 27 TH DECEMBER 2010. SD/- SD/- (P M JAGTAP) (R V EASWAR) ACCOUNTANT MEMBER PRESIDENT MUMBAI DATED 27 TH DECEMBER 2010 SALDANHA COPY TO: 1. VEDANT DYESTUFF & INTERMEDIATES PRIVATE LTD. 301-306 NEELKANTH COMMERCIAL CENTRE SAHAR ROAD ANDHERI (EAST) MUMBAI 400 099 2. DCIT 8(3) 3. CIT-8 4. CIT(A)-18 5. DR F BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR ITAT MUMBAI