Income Tax Appellate Tribunal - Mumbai
Kamlesh Parwani , Mumbai vs Department Of Income Tax on 8 July, 2008
IN THE INCOME T AX APPELLATE TRIBUNAL
MUMBAI BENCHES, 'A', MUMBAI
BEFORE SHRI J SUDHAKAR REDDY, ACCOUNTANT MEMBER
AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER
ITA No.5643/Mum/2008
(Assessment Year : 2005-06)
Income Tax Officer 19 (3) (2),
R.No.306, 3 r d Floor,
Piramal Chambers, Parel,
Lalbnau, Mumbai. .... Appellant
Vs
Kamlesh Parwani,
Flat No.4, Chinar Chambers, 21 s t Road, Bandra (W ),
Mumbai-400050
PAN:AAEPP3727F ... Respondent
Appellant by : Shri Shravan Kumar.
Respondent by : Shri Sanjay R. Parikh.
O R D E R
PER J. SUDHAKAR REDDY :
This appeal by the department is directed against the order dated 08.07..2008 of CIT(A)-XIX, Mumbai for the Assessment Year 2005-06.
2. The revenue has raised various grounds in this appeal, however, the only issue that arises for our consideration and adjudication is whether in the facts and circumstances of the case, the learned CIT(A) is justified in deleting the addition made on account of gift received by the assessee. 2 ITA No.5643/Mum/2008
3. At the time of hearing both the parties agreed that this appeal pertains to tax effect below Rs.2 lakhs. W e also find the tax effect involved in the grounds raised by the revenue is less than Rs.2 lakhs. Therefore, in view of the decision of the Bombay High Court in the case of Pithwa Engineering W orks reported in 276 ITR 519, the appeal filed by the revenue is not maintainable. Accordingly, the appeal filed by the revenue is dismissed.
In the result the appeal of revenue is dismissed. Order pronounced in the Open Court on 30-03-2011.
Sd/- Sd/-
(R.S.PADVEKAR) (J.SUDHAKAR REDDY)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, on this 30th day of March, 2011. *GPR Copy to:
1. Appellant
2. Respondent
3. CIT Concerned
4. CIT(A) concerned
5. DR concerned Bench BY ORDER True copy ASSTT. REGISTRAR, ITAT, MUMBAI