ITO 14(3)(4), MUMBAI v. SAVITRIDEVI R. KEDIA MEMORIAL TRUST, MUMBAI

ITA 3102/MUM/2010 | 2006-2007
Pronouncement Date: 06-09-2011 | Result: Dismissed

Appeal Details

RSA Number 310219914 RSA 2010
Assessee PAN AAATS2586F
Bench Mumbai
Appeal Number ITA 3102/MUM/2010
Duration Of Justice 1 year(s) 4 month(s) 15 day(s)
Appellant ITO 14(3)(4), MUMBAI
Respondent SAVITRIDEVI R. KEDIA MEMORIAL TRUST, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 06-09-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 06-09-2011
Date Of Final Hearing 06-09-2011
Next Hearing Date 06-09-2011
Assessment Year 2006-2007
Appeal Filed On 21-04-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J : MUMBAI BEFORE SHRI D.K. AGARWAL (JUDICIAL MEMBER) AND SHRI RAJENDRA SINGH (ACCOUNTANT MEMBER) ITA NO.3102/MUM/2010 ASSESSMENT YEAR : 2006-07 INCOME TAX OFFICER WARD -14(3)(4) 5 TH FLOOR EARNEST HOUSE NARIMAN POINT MUMBAI-400 021. ..( APPELLANT ) VS. M/S. SAVITRIDEVI R. KEDIA MEMORIAL TRUST 14/18 VITHOBA LANE VITHALWADI KALBADEVI ROAD MUMBAI-2. ..( RESPONDENT ) P.A. NO. (AAATS 2586 F) APPELLANT BY : SHRI D.S. SUNDER SINGH RESPONDENT BY : SHRI RA KESH JOSHI DATE OF HEARING : 6.9.11 DATE OF PRONOUNCEMENT : 6 TH SEPTEMBER 2011 O R D E R PER RAJENDRA SINGH (AM). THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 15.2.2010 OF CIT(A) FOR THE ASSESSMENT YEAR 2006-07 . THE ONLY DISPUTE RAISED BY THE REVENUE IN THIS APPEAL IS REGARDING T HE DECISION OF CIT(A) TO LEVY PENALTY OF UNDER SECTION 271(1)(C) ON THE AMOUNT ON WHICH TAX I S SOUGHT TO BE EVADED AMOUNTING TO RS.6 73 020/- . 2. WE HAVE HEARD BOTH THE PARTIES IN THE MATTER. T HE TAX EFFECT IN THIS CASE IS LESS THAN RS.3.00 LACS WHICH IS ADMITTED BY BOTH THE PARTIES. AS PER THE CBDT INSTRUCTION NO.2 DATED 24.10.2005 THE REVE NUE AUTHORITIES ARE NOT ITA NO.3102/M/10 A.Y:06-07 2 AUTHORISED TO FILE APPEAL BEFORE THE TRIBUNAL IN CA SE TAX EFFECT IS LESS THAN RS.2.00 LACS. THE SAID LIMIT WAS RAISED TO RS.3.00 LACS VIDE INSTRUCTION NO.3 OF 2011 DATED 9.2.2011 OF CBDT. THE HONBLE BOMBA Y HIGH COURT IN THE CASE OF CIT VS. CAMCO COLOR CO. (254 ITR 565) HAVE HELD THAT THE APPEAL FILED BY THE REVENUE AUTHORITIES IN CONTRAVENTION O F THE INSTRUCTION OF CBDT IS NOT MAINTAINABLE. THE HONBLE HIGH COURT OF BOMBAY I N CASE OF PITHWA ENGINEERING WORKS (276 ITR 519) HAVE ALSO HELD THAT THE INSTRUCTION ISSUED BY THE CBDT PRESCRIBING TAX LIMIT FOR FILING APPEAL BEFORE TRIBUNAL OR HIGH COURT WOULD ALSO APPLY TO PENDING APPEALS EVEN THO UGH ON THE DATE OF FILING APPEALS THE MONETARY LIMIT MAY HAVE BEEN LOWER. I N THIS CASE ON THE DATE OF FILING APPEAL THE MONETARY LIMIT WAS RS .2.00 LACS WHICH HAS NOW BEEN RAISED TO RS.3.00 LACS. THEREFORE IN VIEW OF THE J UDGMENT OF HONBLE BOMBAY HIGH COURT IN CASE OF PITHWA ENGINEERING WORKS (SUP RA) THE APPEAL FILED BY THE REVENUE IN THIS CASE IS NOT MAINTAINABLE AS TAX EFFECT IS LESS THAN RS .3.00 LACS. WE THEREFORE DISMISS THE APPEAL OF THE REV ENUE AS NON-MAINTAINABLE. 3. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 6.9.2011. SD/- SD/- (D.K. AGARWAL) (RAJENDRA SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 6.9.2011. 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.