ACIT CC-45, MUMBAI v. HASMUKH N. MEHTA, MUMBAI

ITA 5414/MUM/2009 | 2007-2008
Pronouncement Date: 15-07-2011 | Result: Dismissed

Appeal Details

RSA Number 541419914 RSA 2009
Assessee PAN AHJPM2988B
Bench Mumbai
Appeal Number ITA 5414/MUM/2009
Duration Of Justice 1 year(s) 9 month(s) 16 day(s)
Appellant ACIT CC-45, MUMBAI
Respondent HASMUKH N. MEHTA, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 15-07-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 15-07-2011
Date Of Final Hearing 07-07-2011
Next Hearing Date 07-07-2011
Assessment Year 2007-2008
Appeal Filed On 29-09-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI P.M.JAGTAP ACCOUNTANT MEMBER & SHRI R.S. PADVEKAR JUDICIAL MEMBER. I.T.A. NO. 5414/MUM/2009. ASSESS MENT YEAR : 2007-08. DY. COMMISSIONER OF INCOME-TAX HASMIKH N. MEHRA CENTRAL CIRCLE-45 MUMBAI. V S. 103C MODI PARK PRUTHVI CLASSIC IRANI W ADI KANDIWALI (W) MUMBAI 67. PAN AHJPM2988B. APPELLANT. RESPONDENT. APPELLANT BY : SHRI A .G. NAYAK. RESPO NDENT BY : SHRI RENU CHOUDHARI. O R D E R. PER P.M. JAGTAP A.M. : THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF LEARNED CIT(APPEALS)-III MUMBAI DATED 12-08-2009 ON THE SO LITARY GROUND THAT THE LEARNED CIT(APPEALS) ERRED IN DELETING THE ADDITION OF RS.9 95 525/- MADE BY THE AO ON ACCOUNT OF UNEXPLAINED JEWELLERY FOUND DURING THE SEARCH ACTION CARRIED OUT IN THE CASE OF THE ASSESSEE ON 10-11-2006. 2. WE HAVE HEARD THE ARGUMENTS OF THE LEARNED DR AN D ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. AS NOTED AT THE OUTSET FROM THE GROUND RAISED BY THE REVENUE THE TAX EFFECT INVOLVED IN THIS APPEAL FIL ED BY THE REVENUE IS LESS THAN 2 ITA NO.5414/MUM/2009 ASSESSMENT YEAR : 2007-08. RS.3 LAKHS AND THIS POSITION HAS NOT BEEN DISPUTED EVEN BY THE LEARNED DR. AS PER THE CBDT INSTRUCTION NO. 3 OF 2011 ISSUED ON 09-02- 2011 THE MONETARY LIMIT FOR FILING OF AN APPEAL BY THE DEPARTMENT BEFORE THE TR IBUNAL HAS BEEN REVISED TO RS.3 LAKHS. AS DECIDED BY THE CBDT APPEALS SHALL NOT BE FILED BY THE DEPARTMENT IN CASES WHERE TAX EFFECT DOES NOT EXCEED RS.3 LAKHS. IN THE CASE OF CIT VS. MADHUKAR INAMDAR (HUF) 318 ITR 149 THE HONBLE BOMBAY HIGH COURT HAS HELD THAT CBDT INSTRUCTION FIXING ANY MONETARY LIMIT FOR FILI NG THE APPEAL WOULD APPLY EVEN FOR THE PENDING CASES. KEEPING IN VIEW THE SAID DEC ISION OF HONBLE JURISDICTIONAL HIGH COURT AND THE BOARD INSTRUCTION NO. 3 OF 2011 DATED 09-02-2011 WE HOLD THAT THE PRESENT APPEAL FILED BY THE DEPARTMENT INV OLVING TAX EFFECT OF LESS THAN RS.3 LAKHS IS NOT MAINTAINABLE. THE SAME IS THEREF ORE DISMISSED AT THE THRESHOLD. 3. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. . ORDER PRONOUNCED ON THIS 15 TH DAY OF JULY 2011. SD/- SD/- (R.S. PADVEKAR) (P.M. JAGTAP) JUDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI DATED: 15 TH JULY 2011. COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR H-BENCH. (TRUE COPY ) BY ORDER ASSTT. REGISTRAR ITAT MUMBAI BEN CHES WAKODE MUMBAI.