ITO 9(1)-2, MUMBAI v. BEZEL PHARMA P. LTD, MUMBAI

ITA 4421/MUM/2009 | 2006-2007
Pronouncement Date: 29-07-2010 | Result: Dismissed

Appeal Details

RSA Number 442119914 RSA 2009
Assessee PAN AABCB3699L
Bench Mumbai
Appeal Number ITA 4421/MUM/2009
Duration Of Justice 1 year(s) 7 day(s)
Appellant ITO 9(1)-2, MUMBAI
Respondent BEZEL PHARMA P. LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 29-07-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 29-07-2010
Assessment Year 2006-2007
Appeal Filed On 22-07-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI J. SUDHAKAR REDDY AM AND SHRI V.DURG A RAO JM I.T.A.NO.4421/MUM/2009 ASSESSMENT YEAR : 2006-07 THE INCOME-TAX OFFICER-9(1)-2 ROOM NO. 226 2 ND FLOOR AAYAKAR BHAVAN M.K.RD. MUMBAI 400 020. VS. M/S. BEZEL PHARMA PVT. LTD. 99 GOVT. INDUSTRIAL ESTATE KANDIVALI(W) MUMBAI 400 067. PAN: AABCB 3699 L (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI NARESH KUMAR BALODIA RESPONDENT BY : O R D E R PER J. SUDHAKAR REDDY AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-IX MUMBAI DATED 21.05.2009 FOR THE ASSESSMENT YEAR 2006-07. 2. AT THE TIME OF HEARING BOTH THE PARTIES AGREED THAT THIS APPEAL PERTAINS TO TAX EFFECT BELOW RS.2 LAKHS. WE ALSO F IND THE TAX EFFECT INVOLVED IN THE GROUND RAISED BY THE REVENUE IS L ESS THAN RS.2 LAKHS. THEREFORE IN VIEW OF THE DECISION OF THE BOMBAY HIGH COURT IN THE CASE OF PITHWA ENGINEERING WORKS REPORTED IN 276 ITR 5 19 THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 9 TH DAY OF JULY 2010. SD. SD. (V.DURGA RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED THE 29 TH JULY 2010. KN I.T.A.NO.4421MUM/2009 BEZEL PHARMA PVT.LTD. 2 COPY TO: 1. THE ASSESSEE 2. THE ITO-9(1)(2) MUMBAI 3. THE CIT-IX MUMBAI 4. THE CIT(A)-IX MUMBAI 5. THE DR B BENCH MUMBAI BY ORDER /TRUE COPY/ ASST. REGISTRAR ITAT MUMBAI