DCIT 8(1) (OSD, MUMBAI v. TAINWALA PERSONAL CARE PRODUCTS P. LTD, MUMBAI

ITA 5804/MUM/2010 | 2005-2006
Pronouncement Date: 25-11-2011 | Result: Dismissed

Appeal Details

RSA Number 580419914 RSA 2010
Assessee PAN AAACT1967C
Bench Mumbai
Appeal Number ITA 5804/MUM/2010
Duration Of Justice 1 year(s) 4 month(s) 6 day(s)
Appellant DCIT 8(1) (OSD, MUMBAI
Respondent TAINWALA PERSONAL CARE PRODUCTS P. LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 25-11-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 25-11-2011
Date Of Final Hearing 17-11-2011
Next Hearing Date 17-11-2011
Assessment Year 2005-2006
Appeal Filed On 19-07-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI D.K. AGARWAL (JM) & SHRI R.K. PANDA ( AM) I.T.A. NO.5804/MUM/2010 (A.Y. 2005-06) DY.COMMR. OF INCOME-TAX RANGE-8(1) (OSD) R.NO.204 AAYKAR BHAVAN M.K.ROAD MUMBAI-400 020. VS. M/S. TAINWALA PERSONAL CARE PRODUCTS PVT. LTD. TAINWALA HOUSE OPP. PLOT NO.118 ROAD NO.18 MIDC MAROL MUMBAI-400 093. PAN: AAACT1967C. APPELLANT RESPONDENT APPELLANT BY SHRI V.V. SHASTRI. RESPONDENT BY NONE. DATE OF HEARING 17 - 11 - 2011 DATE OF PRONOUNCEMENT 25 - 11 - 2011 O R D E R PER D.K. AGARWAL JM : THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AG AINST THE ORDER DATED 06-05-2010 PASSED BY THE LD. CIT(A) FOR THE ASSESS MENT YEAR 2005-06. 2. THE GROUNDS TAKEN BY THE REVENUE READ AS UNDER : 1) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW THE LD. CIT(A) ERRED IN DELETING THE PENALTY U/S.271(1)(C) OF THE INCOME-TAX ACT 1961 LEVIED BY THE ASSESSING OFFICER AMOUNTING TO RS.2 16 444/- WITHOU T APPRECIATING THE FACTS AND CIRCUMSTANCES OF THE CAS E AND IN LAW. ITA NO.5804/M/2010 TAINWALA PERSONAL CARE PRODUCTS P.LTD. 2 2) THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) O N THE ABOVE GROUND BE SET ASIDE AND THAT OF THE A.O. BE R ESTORED. 3. AT THE TIME OF HEARING IT WAS OBSERVED THAT THE TAX EFFECT ON THE ABOVE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETA RY LIMIT OF RS.3.00 LAKHS FIXED BY THE CBDT. THE LD. DEPARTMENTAL REPRESENTATIVE DI D NOT DISPUTE ON THE SAID FACTUAL MATRIX OF THE CASE. 4. THAT BEING SO AND IN VIEW OF THE RECENT CBDT IN STRUCTION NO.3 OF 2011 DATED 9 TH FEBRUARY 2011 REPORTED IN (2011) 332 ITR 1 (STAT UTES) AND THE RATIO OF THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. MADHUKAR K. INAMDAR (HUF) (2009) 318 TR 148 (BOM) WHEREIN IT HAS BEEN HELD THAT THE REVISED MONETARY LIMIT IN THE CIRCULAR DAT ED MAY 15 2008 WOULD BE APPLICABLE FOR ALL PENDING APPEALS AND ALSO KEEPING IN VIEW THE CONSISTENT VIEW OF THE CO-ORDINATE BENCHES OF THE TRIBUNAL WE ARE OF THE VIEW THAT THE DEPARTMENT SHOULD NOT HAVE FILED THE APPEAL AND ACCORDINGLY THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT THE REVENUES APPEAL STANDS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 25TH DAY OF NOVEMBER 2011. SD/- SD/- (R.K. PANDA) (D.K. AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI: 25TH NOVEMBER 2011. NG: COPY TO : 1. DEPARTMENT. 2.ASSESSEE. ITA NO.5804/M/2010 TAINWALA PERSONAL CARE PRODUCTS P.LTD. 3 3 CIT(A)-18 MUMBAI. 4 CIT -8 MUMBAI. 5.DR H BENCH MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR ITAT MUMBAI. ITA NO.5804/M/2010 TAINWALA PERSONAL CARE PRODUCTS P.LTD. 4 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 17-11-2011 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 18-11-2011 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER