ACIT (OSD) CIR 2(2), MUMBAI v. JAGDISH N PARIKH, MUMBAI

ITA 5229/MUM/2012 | 2009-2010
Pronouncement Date: 08-10-2013 | Result: Dismissed

Appeal Details

RSA Number 522919914 RSA 2012
Assessee PAN AACPP8304J
Bench Mumbai
Appeal Number ITA 5229/MUM/2012
Duration Of Justice 1 year(s) 1 month(s) 21 day(s)
Appellant ACIT (OSD) CIR 2(2), MUMBAI
Respondent JAGDISH N PARIKH, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 08-10-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 08-10-2013
Assessment Year 2009-2010
Appeal Filed On 17-08-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J MUMBAI BEFORE SHRI VIJAY PAL RAO JUDICIAL MEMBER & SHRI N K BILLAIYA ACCOUNTANT MEMBER ITA NO.5229/MUM/2012 FOR ASST. YEAR: 2009-10 THE ACIT (OSD) CIR.2(2) MUMBAI VS. JAGDISH N PARIKH C/O MS.LEE MUIRHEAD LTD. 2 ND FLOOR ORICON HOUSE 12 K DUBHASH MARG FORT MUMBAI- 400 023 PAN AACPP8304J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S D SRIVASTAVA RESPONDENT BY : SHRI KINJAL S DOSHI DATE OF HEARING : 08.10.2013 DATE OF PRONOUNCEMENT :08.10.2013 O R D E R PER N.K.BILLAIYA (AM) : THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF THE CIT(A)-5 MUMBAI DATED 07.06.2012 PERTAINING TO A.Y. 2009-1 0. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORD. THE ASSESSEE HAS SHOWN THE FOLLOWING TAX EFFECT: STATEMENT SHOWING TAX EFFECT ON THE ADDITIONS MAD E IN THE ASSESSMENT ORDER U/S. 143(3) INCOME AS PER ORDER U/S. 143(3) 3 598 507 LESS : RETURNED INCOME AS PER COMPUTATION OF INCOME 3 1 21 163 ADDITIONS MADE AS PER ORDER 477 344 ADD : TAX ON ABOVE INCOME @30% 143 203 ADD : SURCHARGE @10% 14 320 157 524 ADD : EDUCATION CESS 4 726 TAX EFFECT ON ADDITIONS MADE 162 249 2 ITA NO.5229/MUM/12 AY:2009-10 WE FIND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.3 LAKHS. THE CBDT VIDE INSTRUCTION NO.3 OF 2011 DATED 09.02.2011 PROV IDES THAT NO APPEAL CAN BE FILED BY THE REVENUE BEFORE THE TRIBUNAL IN CASES WHERE T HE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.3 LACS. SIMILAR VIEW HAS B EEN TAKEN BY THE BOMBAY HIGH COURT IN THE CASE OF CIT VS. CAMCO COLOUR CO. 254 I TR 565 WHEREIN IT HAS BEEN HELD THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE BEING LESS THAN THE MONETARY LIMIT AS PRESCRIBED IN BOARD CIRCULAR THE SAME IS NOT MAINTAINABLE. 3. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH OCTOBER 2013. SD/- SD/- (VIJAY PAL RAO) (N.K.BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEM BER MUMBAI DT : 8 TH OCTOBER 2013 SA COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T MUMBAI 4. THE CIT (A)-5 MUMBAI 5. THE DR J- BENCH ITAT MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI