Income Tax Appellate Tribunal - Mumbai
Jagdish N Parikh, Mumbai vs Department Of Income Tax on 8 October, 2013
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), Jagdish N Parikh,
Mumbai C/o MS.Lee Muirhead Ltd.,
Vs. 2nd 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
ORDER
Per N.K.Billaiya (AM) :
This appeal has been filed by the revenue against the order of the CIT(A)-5, Mumbai, dated 07.06.2012, pertaining to A.Y. 2009-10.
2. We have heard both the parties and perused the record. The assessee has shown the following tax effect:
" Statement showing Tax Effect on the additions made 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 3,121,163 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 provides that no appeal can be filed by the Revenue before the Tribunal in cases where the tax effect does not exceed the monetary limit of Rs.3 lacs. Similar view has been taken by the Bombay High Court in the case of CIT Vs. Camco Colour Co. 254 ITR 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 8th October 2013.
Sd/- Sd/-
(Vijay Pal Rao) (N.K.Billaiya)
JUDICIAL MEMBER ACCOUNTANT MEMBER
MUMBAI, Dt : 8th 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