Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: Central Excise rule to resale the machines to a new company :: TDS :: ACCOUNTING STANDARD :: articles on VAT and GST in India :: list of goods taxed at 4% :: empanelment :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: cpt :: ARTICLES ON INPUT TAX CREDIT IN VAT :: form 3cd :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: ACCOUNTING STANDARDS :: VAT Audit :: VAT RATES
 
 
From the Courts »
  Vatsala Shenoy vs. JCIT (Supreme Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 M.K.Overseas Pvt. Ltd. Vs. Pr.Commissioner Of Income Tax-06
 Arshia Ahmed Qureshi Vs. Pr. Commissioner Of Income Tax-21
 CHAUDHARY SKIN TRADING COMPANY Vs. PR. COMMISSIONER OF INCOME TAX-21
  Sushila Devi vs. CIT (Delhi High Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 Deputy Director Of Income Tax Vs. Virage Logic International
 Commissioner Of Income Tax-3 International Taxation Vs. Virage Logic International India
 Pr. Commissioner Of Income Tax-06 Vs. Moderate Leasing And Capital Services Pvt. Ltd.
 ITO vs. Vikram A. Pradhan (ITAT Mumbai)

D C I T - 1(1) M/s. Bharat Containers P. Ltd. Room No. 597, Aayakar Bhavan 1st Floor, Cecil Court M.K. Road, Mumbai 400020 Vs. Mahakavi Bhushan Marg Mumbai 400039
October, 16th 2013
               IN THE INCOME TAX APPELLATE TRIBUNAL
                          "B" Bench, Mumbai

                Before Shri D. Manmohan, Vice President
               and Shri Sanjay Arora, Accountant Member

                         ITA No. 8213/Mum/2010
                         (Assessment Year: 2006-07)

D C I T - 1(1)                           M/s. Bharat Containers P. Ltd.
Room No. 597, Aayakar Bhavan         Vs. 1st Floor, Cecil Court
M.K. Road, Mumbai 400020                 Mahakavi Bhushan Marg
                                         Mumbai 400039
PAN - AAACB0484G                         PAN - AAACB0484G
          Appellant                                  Respondent

                   Appellant by:     Dr. Durgesh Sumrott
                   Respondent by:    S/Shri K. Gopal & Satendra Pandey

                   Date of Hearing:       07.10.2013
                   Date of Pronouncement: 07.10.2013

                                 ORDER

Per D. Manmohan, V.P.

      This appeal is filed by the Revenue against the order dated 19.07.2010
passed by the CIT(A)-1, Mumbai and it pertains to A.Y. 2006-07.

2.    Revenue has raised the following grounds of appeal: -

     "1. On the facts and circumstances of the case, the CIT(A) erred in
         law, in directing to allow claim of expenses against income from
         other sources disallowed by the AO."




     2.   The CIT(A) has further overlooked the fact that the assessee has
          not established the nexus of expenses with reference to the
          income earned from other sources."

3.    The learned counsel for the assessee submitted that the tax effect in
the instant case works out to `2,10,289/-. As per CBDT circular No. 3 dated
09.02.2011 an appeal should not be preferred by Revenue unless the tax
effect is above `3,00,000/- or the issue arising out of the order of the first
Appellate Authority is exceptional in nature and it is specifically mentioned
in the authorisation. In the absence of showing that the case falls under
                                         2                   ITA No. 8213/Mum/2010
                                                        M/s. Bharat Containers P. Ltd.

exceptional circumstance the appeal filed by Revenue deserves to be
dismissed as unadmitted.

4.        On the other hand, the learned D.R. submitted that the appeal is duly
authorised by the Commissioner of Income Tax and hence the AO was
justified in filing the appeal.

5.        We have carefully considered the rival submissions and perused the
record. In the light of the circular issued by the CBDT (supra), which is
binding upon the Revenue authorities, this appeal deserves to be dismissed
as unadmitted for want of tax effect and we order accordingly.




Order pronounced in the open court on 7th October, 2013.

                    Sd/-                                   Sd/-
               (Sanjay Arora)                         (D. Manmohan)
            Accountant Member                         Vice President

Mumbai, Dated: 7th October, 2013

Copy to:

     1.   The   Appellant
     2.   The   Respondent
     3.   The   CIT(A) ­ 1, Mumbai
     4.   The   CIT­ 1, Mumbai City
     5.   The   DR, "B" Bench, ITAT, Mumbai

                                                        By Order

//True Copy//
                                                     Assistant Registrar
                                             ITAT, Mumbai Benches, Mumbai
n.p.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Organic SEO Outsourcing Organic Search Engine Optimization Outsourcing Organic Website SEO Organic SEO India Website SEO India Organic Search Engine Optimization India Organic Internet SEO India Organic Web

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions