Income Tax Appellate Tribunal - Mumbai
Rajesh R. Meghani , Mumbai vs Department Of Income Tax on 27 May, 2009
1
ITA No.4548/M/2009
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH ' D ' MUMBAI
BEFORE SHRI R S PADVEKAR, JM & SHRI B RAMAKOTAIAH, AM
ITA No. 4548/Mum/2009
(Asst Year 2007-08)
The Asst Commr.of Income Tax Vs Rajesh R Meghani
CC 45, Mumbai Flat no.13 Vandana CHS
Plot no.3 & 4
Pestom Sagar Road,Chembur
Mumbai 89
(Appellant) (Respondent)
PAN AACPN9544P
Assessee by: Shri D C Jain
Revenue by: Smt Somagyan Pal
ORDER
PER R S PADVEKAR:
In this appeal, the department has challenged the impugned order of the ld CIT(A)III for assessment year 2007-08 dated 27.5.2009.
2 The CBDT has issued a latest circular being no.F 279/MIS.142/2007- ITJ dated 15.5.2008 in which a reference of the instructions/circular issued by the Board from time to time is given and it is directed that no appeal should be filed in the Tribunal where the tax effect is less than Rs. 2 lacs. In the said circular, expression 'tax effect' has been explained and the tax does not include any interest element.
3 In the case of CIT vs Pithwa Engineer Ltd (276 ITR 519) and in the case of CIT v. Zoeb Y. Topiwala( 284 ITR 379), the Hon'ble Bombay High Court has considered the instructions/circulars issued by the CBDT and it is held that circulars/instructions issued by the Board are binding on the 2 ITA No.4548/M/2009 tax authorities and if the tax/revenue effect is below the monitory limit fixed by the Board, then the appeal is not maintainable.
4 As in the present case, the tax effect is less than Rs. 2 lacs and hence, in the light of the above discussion, the appeal filed by the revenue is not maintainable; accordingly, the same is dismissed.
5 In the result, the appeal filed by the revenue is dismissed.
Order pronounced on the 23rd day of June 2010 in open court.
Sd/- Sd/-
(B RAMAKOTAIAH ) (R S PADVEKAR )
Accountant Member Judicial Member
Place: Mumbai : Dated: 23rd, June 2010 Raj* Copy forwarded to:
1 Appellant 2 Respondent 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER Dy /AR, ITAT, Mumbai